Swiecicki v. Swiecicki
Docket 2026-P-0012
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Ohio
- Court
- Ohio Court of Appeals
- Type
- Opinion
- Case type
- Other
- Disposition
- Dismissed
- Judge
- Patton
- Citation
- 2026-Ohio-1229
- Docket
- 2026-P-0012
Appeal from a magistrate's February 6, 2026 decision in a domestic relations action, dismissed for lack of jurisdiction
Summary
The Eleventh District Court of Appeals dismissed Jeffrey A. Swiecicki’s pro se appeal for lack of jurisdiction. Swiecicki appealed a February 6, 2026 magistrate’s decision, but the court determined the decision was not a final, appealable order because the trial court had not yet adopted the magistrate’s decision or entered judgment disposing of all claims. Under Ohio law, only a judge’s final order is appealable; magistrate decisions remain interlocutory until the trial court acts. The court granted the appellee’s motion to dismiss and noted the appellant may appeal after a final judgment is entered in the trial court.
Issues Decided
- Whether a magistrate’s decision that has not been adopted by the trial court is a final, appealable order
- Whether the appellate court has jurisdiction to review an interlocutory magistrate’s decision prior to the trial court entering a final judgment
Court's Reasoning
Ohio law requires that an appellate court may only review final orders. A magistrate’s decision is not effective or final unless and until the trial court rules on objections, adopts/modifies/rejects the decision, and enters judgment disposing of all claims. Because the trial court had not adopted the magistrate’s decision or entered a final judgment, the magistrate’s decision remained interlocutory and the appellate court lacked jurisdiction to hear the appeal.
Authorities Cited
- R.C. 2505.02(B)
- Civ.R. 53(D)(4)(a)
- Noble v. Colwell44 Ohio St.3d 92 (1989)
Parties
- Appellant
- Jeffrey A. Swiecicki
- Appellee
- Lisa M. Swiecicki
- Judge
- Robert J. Patton
- Judge
- Matt Lynch
- Judge
- Eugene A. Lucci
- Attorney
- Emily M. Rajah
Key Dates
- Magistrate's decision
- 2026-02-06
- Court of Appeals decision
- 2026-04-06
- Trial court case number filed
- 2024-01-01
What You Should Do Next
- 1
Seek final judgment in trial court
Ask the trial court to rule on any objections to the magistrate’s decision and enter a judgment that disposes of all claims so an appeal can be taken from a final order.
- 2
Consult an attorney
Consider consulting family-law counsel to assist in obtaining adoption of the magistrate’s decision or to advise on objections and the timing of a future appeal.
- 3
Prepare for timely appeal
If the trial court enters a final judgment, be prepared to file a timely notice of appeal under Ohio appellate rules to avoid another jurisdictional dismissal.
Frequently Asked Questions
- What did the court decide?
- The appeals court dismissed the appeal because the magistrate’s decision had not been adopted by the trial court and therefore was not a final, appealable order.
- Who is affected by this decision?
- The appellant, Jeffrey Swiecicki, is affected because his current appeal cannot proceed; the trial court and appellee are also affected insofar as further proceedings are needed at the trial level.
- What happens next?
- The trial court may adopt, modify, or reject the magistrate’s decision and then must enter a final judgment; once a final judgment is entered, the appellant may file a new appeal.
- Can this dismissal be appealed?
- Not meaningfully on the merits now; the dismissal was for lack of jurisdiction. The proper course is to wait for a final trial-court judgment and then appeal that judgment.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
[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
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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.
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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.
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Case No. 2026-P-0012