The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been misconstrued and explain the proper interpretations where they exist. Third, the note will suggest ways to combat misuse and misinterpretation of Rule 54(B) and will propose an amended version which will alleviate some of the confusion in the rule's application.
Note, The Application and Misapplication of Ohio Rule of Civil Procedure 54(B), 39 Clev. St. L. Rev. 237 (1991)