COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                               NO. 61195


                                      :
                                      :
   CLEVELAND INDUSTRIAL SQUARE, INC.  :
                                      :
           Plaintiff-Appellee         :
                                      :
        -vs-                          :              JOURNAL ENTRY
                                      :                   AND
   CLEVELAND TELECOMMUNICATIONS       :                 OPINION
   CORP., INC.                        :
                                      :
           Defendant-Appellant        :
                                      :
                                      :
                                      :


   DATE OF ANNOUNCEMENT                    JUNE 25, 1992
   OF DECISION:


   CHARACTER OF PROCEEDING:           Civil appeal from Cuyahoga
                                      County Common Pleas Court
                                      Case No. CP-183681


   JUDGMENT:                          DISMISSED.


   DATE OF JOURNALIZATION:


   APPEARANCES:

   For Plaintiff-Appellee:            For Defendant-Appellant:

   DEBORAH J. NICASTRO                DANIEL T. TODT
   Leader Bldg., Suite 340            Daniel T. Todt & Assoc.
   526 Superior Avenue                Standard Bldg., 20th Floor
   Cleveland, Ohio 44114              1370 Ontario Street
                                      Cleveland, Ohio 44113-1707


















                                  -2-

   ANN McMANAMON, J.:

        Cleveland  Industrial  Square,  Inc.  ("the landlord")  sued

   Cleveland Telecommunications Corp. ("the tenant") for breach of a

   commercial lease.   The landlord sought damages  for, inter alia,

   unpaid rent and expenses incurred in re-renting the property, and

   attorney fees as  provided in  the lease agreement.   The  tenant

   counterclaimed for  constructive eviction and demanded  return of

   its  security deposit.   With the  parties' agreement,  the court

   submitted the issue of  the landlord's right to attorney  fees to

   the jury, but not the specific amount claimed for them.  The jury

   returned  a $13,890.24 verdict for the landlord and further found

   the landlord was entitled to attorney fees.
                                   1
        In one  assignment of error , the tenant  appeals the jury's

   verdict.  Since the record lacks a final appealable order, we are

   compelled to dismiss the appeal.



        Absent certification that there is no just reason for delay,

   an order is  not final and appealable  unless it disposes  of all

   the claims of all the parties.   Civ. R. 54(B); Ford Motor Credit

   Co. v. Landmark  A. Fund  I (1983), 12  Ohio App. 3d  117.   See,

   also, Chef Italiano Corp. v. Kent State Univ. (1989), 44 Ohio St.

   3d 86.   The issue of attorney  fees remains pending.   After the

        1
          Appellant's assignment of error:

             "THE  TRIAL   COURT  ERRED  WHEN   A  CONSTRUCTIVE
             EVICTION DEFENSE  WAS RAISED BY  DEFENDANT AND THE
             COURT  WOULD   NOT  ALLOW  DEFENDANT   TO  TESTIFY
             REGARDING THREATS AND STATEMENTS MADE BY PLAINTIFF
             TO DEFENDANT AND  WHAT DEFENDANT  DID IN  RESPONSE
             WHEN SAID  WORDS AND  ACTIONS OF PLAINTIFF  CAUSED
             DEFENDANT  TO   VACATE  THE  PREMISES,   AND  SAID
             STATEMENTS ARE ADMISSABLE PURSUANT TO OHIO RULE OF
             EVIDENCE,  801(D)(2)(a) AND  THE  CASE OF  GOZ  V.
             TENNEY 104 OHIO ST. 500 (1922)."







                                  -3-


   jury verdict, the trial court set a hearing date to determine the

   amount  of  the  fee  award  but  the record  contains  no  entry

   addressing this issue.  In the  absence of such an entry or  Civ.

   R. 54(B) certification, we are compelled to dismiss the appeal.

        Appeal dismissed.

















































                                  -4-


        It is  ordered that appellee recover of  appellant its 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 Common  Pleas Court  to carry  this judgment  into
   execution.

        A certified  copy of this entry shall constitute the mandate
   Pursuant to Rule 27 of the Rule of Appellate Procedure.


   ANN DYKE, P.J.,              and

   PATRICIA A. BLACKMON, J., CONCUR



                                 ______________________________
                                 ANN McMANAMON, JUDGE





   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 journalization,
   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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