The Ohio Court of Appeals has dismissed an appeal filed by Darin Avery, the court-appointed trustee of the Robert H. Fox Revocable Trust. The court ruled that the order Avery challenged was not a final and appealable order. This ruling affects the ongoing legal proceedings related to the trust and highlights the complexities involved in trust management and probate law.

Avery's appeal came after a probate court order issued in January 2026, which partially granted his request for a stay on the enforcement of a previous order. This earlier order had identified the beneficiaries of the trust and mandated that Avery file accountings and distribute assets accordingly. The dismissal of this appeal means that Avery's ability to act as trustee remains in limbo while a separate appeal concerning the trust is still pending.

Background

The Robert H. Fox Revocable Trust was created by Robert H. Fox during his lifetime. Following his death, as well as the deaths of both of his sons, disputes arose regarding who the rightful beneficiaries of the trust were. This uncertainty led to litigation in the probate court of Richland County.

In November 2025, the probate judge issued a declaratory judgment that identified the beneficiaries of the trust. This ruling required Avery to file accountings and, upon court approval, to distribute the trust's assets. However, Avery disagreed with this order and filed an appeal, which is currently pending in a separate case (2025 CA 106).

After the November order, Avery sought a stay of its enforcement, arguing that it hampered his ability to fulfill his duties as trustee. The probate court granted his request for a stay regarding the November 2025 order but issued a partial stay concerning other legal proceedings involving the trust. This meant that while the distribution of trust funds was halted, the beneficiaries could still file exceptions to any annual accountings Avery had submitted.

The Ruling

The Ohio Court of Appeals, led by Judge David M. Gormley, ruled that the order Avery sought to appeal was not a final and appealable order. The court explained that under Ohio law, appellate authority only extends to final orders. The court stated, "If an order is not final and appealable, the appellate court is without jurisdiction to review the matter and must dismiss the appeal."

The court noted that an order granting or denying a stay is not categorized as a final order under Ohio Revised Code. The court referenced previous cases that established that a stay does not determine any substantive rights and merely postpones actions. The ruling emphasized that Avery's challenge did not meet the criteria for a final order, which is necessary for an appeal.

Additionally, the court pointed out that Avery could still seek approval from the probate court for any specific expenditures of trust funds, ensuring he had a route to address any immediate needs while the appeal was pending. The judges concurred with Gormley’s opinion, reinforcing the decision to dismiss the appeal.

Impact

This ruling has significant implications for Darin Avery and the beneficiaries of the Robert H. Fox Revocable Trust. By dismissing the appeal, the court effectively upholds the probate court's authority to manage the trust's proceedings while the separate appeal is ongoing. This means that Avery must continue to navigate the complexities of trust management without the ability to challenge the stay order in appellate court.

The decision also highlights the importance of understanding the legal definitions of final and appealable orders in probate cases. It serves as a reminder that not all orders can be appealed, particularly those that do not resolve substantive rights but merely postpone actions. This ruling may influence how trustees and beneficiaries approach similar disputes in the future.

What's Next

Avery cannot appeal this decision further as the court has dismissed his appeal due to lack of jurisdiction. However, he still has the option to seek specific approvals from the probate court for expenditures related to the trust while his other appeal remains pending. There are no related cases currently mentioned in the court filing.