Opinion
No. 39945
Decided November 30, 1966.
Appeal — Final order — Notice of appeal — Time for filing — Not extended, when — Dismissal for want of jurisdiction.
APPEAL from the Court of Appeals for Fairfield County.
In this action to recover for personal injuries, the defendants moved for an order requiring the plaintiff to submit to a physical examination by a certain physician named by defendants. Plaintiff objected to being examined by the physician thus named but expressed his willingness to be examined by any other physician in the state that defendants would name. After a hearing, the trial court ordered plaintiff to submit to a medical examination by the physician which defendants had named.
Upon appeal from that order, the Court of Appeals, by judgment entry filed on April 30, 1965, reversed the judgment of the trial court for its abuse of discretion and remanded the cause for further proceedings.
On April 30, 1965, the defendants filed a motion requesting the Court of Appeals to certify its judgment to the Supreme Court as being in conflict with a judgment of another Court of Appeals upon the same question. The court overruled the motion by an entry filed on November 12, 1965.
On December 2, 1965, defendants filed in the Court of Appeals a notice of appeal from the judgment of reversal of April 30, 1965, and from the order of November 12, 1965, refusing to certify the judgment as a conflict case.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. Wiles, Doucher, Tressler, Martin Ford, Mr. Arthur W. Wiles, Mr. Judson C. Kistler and Mr. Jack Supman, for appellee.
Messrs. Power, Griffith, Jones Bell and Mr. James F. Bell, for appellants.
Unfortunately this court does not reach the question whether there was a final order in the trial court from which an appeal could be taken. The notice of appeal from the judgment of the Court of Appeals not having been filed within 20 days from the entry of judgment of reversal (Section 2505.07, Revised Code) filed on April 30, 1965, this court is without jurisdiction to hear the appeal. Therefore, the appeal is dismissed.
Appeal dismissed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.