COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                            NO. 59177


                                      :
   RUTH CLEMENTS                      :
                                      :       JOURNAL ENTRY
             Plaintiff-Appellant      :
                                      :            and
        -vs-                          :
                                      :          OPINION
                                      :
   FIRST CHOICE HAIRCUTTERS, ET AL.   :
                                      :
             Defendant-Appellee       :
                                      :




   DATE OF ANNOUNCEMENT                  NOVEMBER 14, 1991
   OF DECISION:


   CHARACTER OF PROCEEDING:           Civil appeal from
                                      Common Pleas Court
                                      Case No. 146885




   JUDGMENT:                          Dismissed and Remanded.


   DATE OF JOURNALIZATION:            __________________________

   APPEARANCES:

   FOR PLAINTIFF-APPELLANT:           FOR DEFENDANT-APPELLEE:

   JOHN E. DUDA                       LINDA GLASSMAN
   330 Western Reserve Building       1616 Illuminating Building
   1470 West 9th Street               Cleveland, Ohio  4411
   Cleveland, Ohio  44113



















                                -2-


   PATRICIA A. BLACKMON, J.:

      Plaintiff-appellant  appeals  the  trial  court's  granting of

   summary judgment in favor  of defendants-appellees,  First Choice

   Haircutters, Pat Joyce, and Fairview Shopping Center Corporation.

      Since this  court lacks  jurisdiction pursuant to Ohio Civ. R.

   54(B)  because  there  is  no  final  appealable  order,  we  are

   compelled to dismiss this appeal and remand the case to the trial

   court.

      Plaintiff-appellant, in  its  complaint,  sued  John Michael's

   Restaurant  located  at  21867  Lorain  Road, Fairview Park, Ohio

   44126.  John Michael's Restaurant remained a party defendant when

   plaintiff-appellant filed her Amended Complaint.

      Rule 54(B) of the Ohio Rules of Civil Procedure provides:

        "Judgment  upon  multiple  claims or involving multiple
        parties.   When  more  than  one  claim  for  relief is
        presented   in   an   action,   whether   as  a  claim,
        counterclaim, crossclaim or third-party  claim, or when
        multiple  parties  are  involved,  the  court may enter
        final judgment as to one or more but fewer than  all of
        the   claims   or   parties   only   upon   an  express
        determination that there is  no just  reason for delay.
        In  the  absence  of  such  determination, any order or
        other  form  of  decision,  however,  designated, which
        adjudicates fewer than all the claims or the rights and
        liabilities of fewer than  all  the  parties  shall not
        terminate  the  action  as  to  any  of  the  claims or
        parties, and the order or  other  form  of  decision is
        subject  to  revision  at  any time before the entry of
        judgment adjudicating all the claims and the rights and
        liabilities of all the parties."

      The general  rule is  that when  there are multiple claims, or

   multiple parties, the court's  decision  or  order  is  not final

   unless and  until there  is an entry of judgment adjudicating all

   of the claims, rights, and liabilities of all the parties.












                                -3-


      In this case, the trial court has not  entered judgment  as to

   the claims  against John Michael's Restaurant.  Because the trial

   court has not entered judgment as to the  claims of  all parties,

   nor has  the trial  court certified its summary judgment pursuant

   to Civ. R. 54(B),  we  lack  jurisdiction.    Absent  the express

   determination, "no just cause for delay," the trial court retains

   jurisdiction of this issue until final judgment is entered on all

   claims.  Civ. R. 54(B).

      For the  reasons stated  herein, we  do not  reach the summary

   judgment issue on the merits and  remand this  case to  the trial

   court for proceedings consistent with this opinion.










































                                -4-




      This   appeal   is   dismissed   and   remanded   for  further

   proceedings consistent with the opinion herein.

      It is ordered that appellee  recover  of  appellant  its costs

   herein taxed.

      A certified  copy of  this entry  shall constitute the mandate

   pursuant to Rule 27 of the Rules of Appellate Procedure.

   Exceptions.







   NAHRA, P.J.,  and

   ANN MCMANAMON, J., CONCUR.




                                    PATRICIA A. BLACKMON
                                              JUDGE





      N.B.  This entry  is made  pursuant to  the third  sentence of
   Rule  22(D),  Ohio  Rules  of  Appellate  Procedure.   This is an
   announcement of decision (see Rule 26).  Ten  (10) days  from the
   date hereof this document will be stamped to indicate journaliza-
   tion, at which time it will become the judgment and  order of the
   court and time period for review will begin to run.



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