COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                               NO. 60064

   ALDEEN HADSELL                :
                                 :
           Plaintiff-appellee    :
                                 :      JOURNAL ENTRY
        -vs-                     :           AND
                                 :         OPINION
   GEORGINE OSTROWSKI            :
                                 :
           Defendant-appellant   :
                                 :

   DATE OF ANNOUNCEMENT          :       MARCH 19, 1992
     OF DECISION                 :

   CHARACTER OF PROCEEDING       :    Civil appeal from
                                      Court of Common Pleas
                                 :    Case No. 926696

   JUDGMENT                      :    DISMISSED

   DATE OF JOURNALIZATION        :

   APPEARANCES:

   For plaintiff-appellee:            For defendant-appellant:

   Andrew D. Bemer, Jr., Esq.         Edward M. Graham, Esq.
   21055 Lorain Road                  ll705 Detroit Avenue
   Fairview Park, OH 44126            Lakewood, OH 44l07































                                 - 2 -



   PATTON, P.J.,

        Appellee, cross-appellant, Aldeen  Hadsell, filed an  appli-

   cation  for:  (1) vacation of orders of accounts, (2) recovery of

   concealed  assets,  (3) removal  of  guardian and  termination of

   guardianship,  (4)  appointment  of guardian  ad  litem,  and (5)

   vacation of orders of  authority to expend funds, all  in connec-

   tion with  appellant Georgine  Ostrowski's administration  of her

   minor children's estate.

        The matter was heard  by a referee who recommended  that the

   applications be  denied.  The  appellee filed nine  objections to

   the  referee's  report.   The  trial  court  sustained appellee's

   second and seventh objections and  overruled the remaining objec-

   tions.  Further, the trial court ordered the referee to conduct a

   hearing after  the appellant submitted amended  partial accounts.

   Appellant filed the  instant appeal from the  trial court's order

   and appellee filed a cross appeal.

        We conclude that this appeal must be dismissed for lack of a

   final appealable  order.   In the  instant case  the trial  court

   neither rejected, adopted  or modified the referee's  report, but

   rather,  ordered the  referee to  conduct  additional proceedings

   after the appellant  filed amended accounts.  A  referee's report

   is  effective only when  approved by the  court and entered  as a

   matter of record.   Lambert v.  Lambert (May 19, 1988),  Cuyahoga

   App. No. 53927, unreported.   Herein, we have an entry ruling  on

   the objections,  sustaining them in  part and overruling  them in













                                 - 3 -



   part with an instruction  to the referee to conduct  further pro-

   ceedings.  Such an order is not  a judgment from whence an appeal

   lies.   R.C. 2505.02;  In re  Estate  of Maddox  (Feb. 6,  1986),

   Cuyahoga App. No. 50106, unreported.

        Since the trial  court had not  yet entered a final  appeal-

   able order, this appeal must be dismissed as premature.

        Appeal dismissed.

















































                                 - 4 -



      It  is ordered  that appellee  recover of appellant  her costs

   herein taxed.

      The Court finds there were reasonable grounds for this appeal.



      It  is ordered that a special  mandate issue out of this Court

   directing the Court of  Common Pleas to carry this  judgment into

   execution.

      A certified copy  of this entry  shall constitute the  mandate

   pursuant to Rule 27 of the Rules of Appellate Procedure.

   JAMES D. SWEENEY, J.

   *PRYATEL, J.,            CONCUR



                                           PRESIDING JUDGE
                                           JOHN T. PATTON
   *SITTING BY ASSIGNMENT:
   Judge August Pryatel, retired of the Eighth Appellate District



   N.B.   This entry is made pursuant to  the third sentence of Rule
   22(D), Ohio Rules of  Appellate Procedure.  This is  an announce-
   ment  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.



.