[Cite as Trachman v. Evans, 2026-Ohio-3302.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
DANIEL M. TRACHMAN, CASE NO. 2026-T-0047
Plaintiff-Appellant,
Civil Appeal from the
- vs - Court of Common Pleas
RUSSELL D. EVANS, et al.,
Trial Court No. 2025 CV 01796
Defendants-Appellees.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: August 24, 2026
Judgment: Appeal dismissed
Daniel M. Trachman, pro se, 831 Gary Avenue, Girard, OH 44420 (Plaintiff-Appellant).
Craig G. Pelini and Erin E. Kelly, Pelini, Campbell & Ricard, L.L.C., 8040 Cleveland Avenue, N.W., Suite 400, North Canton, OH 44720 (For Defendants-Appellees).
ROBERT J. PATTON, J.
{¶1} Appellant filed a complaint against appellees alleging intentional infliction of
emotional distress, negligence, breach of contract, breach of duties and fraud. In a May
4, 2026 entry, the Trumbull County Court of Common Pleas granted appellees’ motion to
strike exhibits attached to appellant’s response to appellees’ motion to dismiss, appellees’
motion to strike appellant’s amended complaint, appellees’ motion to dismiss appellant’s
fraud claim, and appellant’s motion to seal medical records. This appeal ensued.
{¶2} Appellees filed a motion to dismiss the appeal for lack of a final order. No
response to the motion has been filed.
{¶3} We must determine if there is a final appealable order since this court may
entertain only appeals from final orders. Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989). Under Section 3(B)(2), Article IV of the Ohio Constitution, we can only immediately review
a trial court judgment if it constitutes a “final order.” Patel v. Huntington Banc Shares Fin.
Corp., 2020-Ohio-3937, ¶ 5 (11th Dist.). If an order is not final, then a reviewing court
has no jurisdiction to review it, and the case must be dismissed. Gen. Acc. Ins. Co. v.
Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989). For a judgment to be final and
appealable, it must satisfy the requirements of R.C. 2505.02 and, if applicable, Civ.R.
54(B). Children’s Hosp. Med. Ctr. v. Tomaiko, 2011-Ohio-6838, ¶ 3 (11th Dist.).
{¶4} Civ.R. 54(B) states in pertinent part: “When more than one claim for relief is
presented in an action . . . and . . . when multiple parties are involved, the court may enter
final judgment as to one or more but fewer than all of the claims or parties only upon an
express determination that there is no just reason for delay.”
{¶5} This court has stated that where multiple claims and/or parties are involved,
an order entering final judgment as to one or more but fewer than all of the claims or
parties is not a final appealable order in the absence of Civ.R. 54(B) language stating that
“there is no just reason for delay. . . .” Walker v. Walker, 2025-Ohio-1597, ¶ 5 (11th Dist.).
{¶6} Here, the entry on appeal disposed of some but not all the claims. Since
there are claims still pending and no Civ.R. 54(B) determination was made in the May 4,
2026 entry, no final order exists at this time.
{¶7} Based upon the foregoing analysis, appellees’ motion to dismiss is hereby
granted, and this appeal is dismissed for lack of a final appealable order.
JOHN J. EKLUND, J.,
SCOTT LYNCH, J.,
concur.
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Case No. 2026-T-0047
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, it is ordered that
appellees’ motion to dismiss the appeal is GRANTED. This appeal is hereby DISMISSED
for lack of a final appealable order.
Costs to be taxed against appellant.
JUDGE ROBERT J. PATTON
JUDGE JOHN J. EKLUND,
concurs
JUDGE SCOTT LYNCH,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
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Case No. 2026-T-0047