Judgment entry to appoint independent counsel for an irrevocable trust is a final appealable order

In re Cletus P. McCauley & Mary A McCauley Irrevocable Trust, 5th Dist. No. 2013CA00237, 2014-Ohio-3489. The 5th District Court of Appeals considered whether a judgment entry appointing an independent counsel for the irrevocable trust and ordering the appellant to post a supersedeas bond was a final appealable order under R.C. § 2505.02. Because the Appellate Court stated that the independent counsel to the irrevocable trust was required to make legal choices that affected the irrevocable trust and the independent counsel was entitled to collect fees and expenses from the irrevocable trust for these actions, the counsel for the irrevocable trust—while not an executor or trustee—likely would have an economic impact on the irrevocable trust’s assets. Thus, the Appellate Court reasoned that the decision to appoint counsel to the irrevocable trust may cause the appellants to have no effective or meaningful remedy should the judgment entry not be allowed to be appealed under R.C. § 2505.02. Accordingly, the appellate court held that the judgment entry to appoint independent counsel to represent the irrevocable trust was a final appealable order.