Swiecicki v. Swiecicki - Appeal Dismissal
Summary
Ohio Court of Appeals, Eleventh District dismissed Appellant Jeffrey Swiecicki's appeal for lack of jurisdiction. The court held that a magistrate's decision alone, without a separate and distinct final judgment entry from a judge, does not constitute a final appealable order under R.C. 2505.02(B). The case (Docket No. 2026-P-0012) affirms that only judges may terminate actions through judgment entries, and interlocutory appeals from magistrate decisions are not permissible until a final order is entered.
What changed
The Ohio Court of Appeals dismissed the appeal in Swiecicki v. Swiecicki, holding that a magistrate's decision is not a final appealable order under Ohio law. The court applied R.C. 2505.02(B), which defines final orders and appealable judgments, and Civ.R. 53(D)(2)(a)(i), which requires separate entries for magistrate decisions to become final. Appellant Jeffrey Swiecicki appealed a February 6, 2026 Magistrate's Decision, but the appellate court lacked jurisdiction because no separate final judgment entry had been issued by the trial court judge.
Compliance implications are limited to parties engaged in Ohio state court litigation. Litigants seeking to appeal magistrate decisions must ensure a final judgment entry has been issued by the trial court before pursuing appellate review. Pro se litigants should be aware that magistrate decisions are interlocutory and not immediately appealable; they must wait for the trial judge to issue a final order or entry to preserve appellate rights. The dismissal was uncontested as no opposition was filed to Appellee's motion to dismiss.
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April 6, 2026 Get Citation Alerts Download PDF Add Note
Swiecicki v. Swiecicki
Ohio Court of Appeals
- Citations: 2026 Ohio 1229
- Docket Number: 2026-P-0012
Judges: Patton
Syllabus
APPELLATE REVIEW - R.C. 2505.02(B); appeal from magistrate's decision is not final and appealable; Civ.R. 53(D)(2)(a)(i); separate and distinct entry needed; magistrate's decision alone is insufficient; interlocutory appeal; only judges not magistrates may terminate actions through a judgment; lack of jurisdiction.
Combined Opinion
[Cite as Swiecicki v. Swiecicki, 2026-Ohio-1229.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
JEFFREY A. SWIECICKI, CASE NO. 2026-P-0012
Petitioner-Appellant,
Civil Appeal from the
- vs - Court of Common Pleas
LISA M. SWIECICKI,
Trial Court No. 2024 DR 00197
Petitioner-Appellee.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: April 6, 2026
Judgment: Appeal dismissed
Jeffrey A. Swiecicki, pro se, 500 Treeside Drive, Stow, OH 44224 (Petitioner-Appellant).
Emily M. Rajah, Folan & Rajah, 122 North Prospect Street, Ravenna, OH 44266 (For
Petitioner-Appellee).
ROBERT J. PATTON, J.
{¶1} Appellant, Jeffrey A. Swiecicki, filed a pro se appeal from a February 6,
2026 Magistrate’s Decision. Appellee, Lisa M. Swiecicki, filed a motion to dismiss the
appeal for lack of jurisdiction, and no opposition was filed.
{¶2} Since this court may only entertain those appeals from final judgments, we
must determine whether there is a final appealable order. Noble v. Colwell, 44 Ohio St.3d
92, 96 (1989). A trial court’s judgment can be immediately reviewed by an appellate court
only if it constitutes a “final order” in the action. Ohio Const., art. IV, § 3(B)(2); Radic v.
Sternadel, 2025-Ohio-4527, ¶ 2 (11th Dist.). If a lower court’s judgment is not final, then
this court does not have jurisdiction to review the case, and the case must be dismissed.
Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989).
{¶3} R.C. 2505.02(B) defines a “final order” and sets forth seven categories of
appealable judgments, and if a trial court’s judgment satisfies any of them, it will be
deemed a “final order” and can be immediately appealed and reviewed. In this case, the
February 6, 2026 Magistrate’s Decision being appealed does not fit within any of the
categories for being a final order under R.C. 2505.02(B) and did not dispose of all claims.
{¶4} Pursuant to Civ.R. 53(D)(4)(a), a magistrate’s decision is not effective
unless it is adopted by the court. Furthermore, a magistrate’s decision is not final until a
trial court reviews it and the trial court (1) rules on any objections, (2) adopts, modifies, or
rejects the decision, and (3) enters a judgment that determines all of the claims for relief
in the matter. Radic, supra, at ¶ 6. This court has maintained that no final judgment
exists if the trial court fails to adopt the magistrate’s decision and enter judgment stating
the relief to be afforded because an order is not a court order unless certain formalities
are met. Id. at ¶ 7. Only judges, not magistrates, terminate cases by entering judgments.
Id. Therefore, a magistrate’s decision is simply interlocutory until the trial court adopts it.
Id. at ¶ 6.
{¶5} Here, the February 6, 2026 Magistrate’s Decision is not final and
appealable, and we do not have jurisdiction to hear this appeal. Since the trial court has
not yet adopted the magistrate’s decision, it remains an interlocutory order and may be
reconsidered upon the court’s own motion or that of a party.
{¶6} Based upon the foregoing analysis, appellee’s motion to dismiss is hereby
granted, and this appeal is dismissed. However, nothing is preventing appellant from
PAGE 2 OF 4
Case No. 2026-P-0012
obtaining effective relief through an appeal once the trial court has entered a final
judgment in the action.
{¶7} Accordingly, this appeal is dismissed for lack of jurisdiction.
MATT LYNCH, P.J.,
EUGENE A. LUCCI, J.,
concur.
PAGE 3 OF 4
Case No. 2026-P-0012
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, appellee’s motion
to dismiss is granted, and this appeal is hereby dismissed for lack of jurisdiction.
Costs to be taxed against appellant.
JUDGE ROBERT J. PATTON
PRESIDING JUDGE MATT LYNCH,
concurs
JUDGE EUGENE A. LUCCI,
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.
PAGE 4 OF 4
Case No. 2026-P-0012
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