In re Adoption of Johnson
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OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supr eme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The r eader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. In re Adoption of Johnson. [Cite as In re Adoption of Johnson (1995), Ohio St.3d .] Adoption -- Trial court's finding pursuant to R.C. 3107.07 that consent to an adoption of a party described in R.C. 3107.06 is not required is a final appealable order. (No. 94-1398 -- Submitted June 7, 1995 -- Decided July 19, 1995.) Certified by the Court of Appeals for Miami County, No. 93-CA-22. Faulkner, Garmhausen, Keister & Shenk Co., L.P.A., and William E. Lang, for appellee petitioner. John C. Holden, for appellant father. The cause is before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Cuyahoga County in In re Adoption of Hupp (1982), 9 Ohio App.3d 128, 9 OBR 192, 458 N.E.2d 878, and the judgme nt of the Court of Appeals for Hancock County in In re Adoption of Jorgensen (1986), 33 Ohio App.3d 207, 515 N.E.2d 622, upon the following question: "[W]hether a judgment of the probate court made pursuant to R.C. 3107.07 that the consent of a parent, putative father, or legal guardian of a minor is not required for the adoption of the minor by another is an order that affect s a substantial right made in special proceeding and, therefore, is a final order subject to appellate review pursuant to R.C. 2505.02." This court answers the certified question in the affirmative. The judgment of the court of appeals is reversed and the cause is remanded to the court of appeals for further proceedings on the authority of In re Adoption of Greer (1994) , 70 Ohio St.3d 293, 638 N.E.2d 999, paragraph one of the syllabus. Moyer, C.J., Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Douglas, J., dissents.
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