Is Denial of County's Motion to Dismiss Civil Suit as Untimely Subject to Immediate Appeal Under Immunity Statute?

When County's Motion Alleges Expiration of Immunity Law Limitations Period

Alessandra Riscatti et al. v. Prime Properties Limited Partnership et al., Case no. 2012-1307

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: When a trial court denies a political subdivision's motion to dismiss a lawsuit against it based on the alleged expiration of the two-year limitations period set forth in Ohio's governmental immunity statute, does that action "deny the benefit of an alleged immunity" and thus entitle the political subdivision to immediate review of the trial court's ruling by a court of appeals?