Ohio Supreme Court Rules That Jury Verdict is Not Final Appealable Order When a Motion for Prejudgment Interest is Pending

Anne Marie Sferra
Faith M. Williams
Bricker & Eckler LLP
June 2007

On June 6, 2007, the Ohio Supreme Court decided Miller v. First International Fidelity & Trust, 2007-Ohio-2457, holding that a jury verdict is not a final appealable order when a motion for prejudgment interest has been filed and remains pending.

This is an important issue for insurance companies because a motion for prejudgment interest is filed in practically every tort case and the appellate districts have been split on whether the case can proceed on appeal before resolution of the prejudgment interest motion.

Justice Pfeifer wrote the decision, with Chief Justice Moyer, and Justices O'Connor and Cupp concurring. Justice O'Donnell dissented, with Justices Lundberg Stratton and Lanzinger joining.

Full text of the Miller decision