COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 67854 : ACCELERATED DOCKET SHERRY F. MARSH : : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION CLIFF CLAY : : : Defendant-Appellant : PER CURIAM : : DATE OF ANNOUNCEMENT OF DECISION : JULY 20, 1995 CHARACTER OF PROCEEDING : Civil appeal from Common Pleas Court Domestic Relations Division Case No. D-225561 JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: For defendant-appellant: ROBERT GRANO, JR. ALMETA A. JOHNSON Assistant Prosecuting Attorney 13308 Euclid Avenue P.O. Box 93923 East Cleveland, Ohio 44122 Cleveland, Ohio 44101-5923 - 2 - PER CURIAM: Appellant Cliff Clay appeals from the decision of the Domestic Relations Division of Common Pleas Court granting appellee Sherry S. Marsh's motion for default judgment and adjudicating him to be the father of her son Kaumau A. Suttles, born January 20, 1983. The record reveals that appellee Sherry S. Marsh, while residing in North Carolina, filed a uniform support petition seeking establishment of paternity and an order for child support and medical coverage. Appellant did not answer, but appeared with counsel at a pretrial hearing where the court ordered both parties and the child submit to genetic testing. Appellee moved for a default judgment because appellant failed to submit a blood sample on August 17, 1993, September 8, 1993, September 29, 1993, and October 27, 1993. The court granted the motion on August 5, 1994, adjudicated paternity, and incorporated the following language into the entry: This case is to be scheduled *** for an evidentiary hearing on the issues of current support *** and medical coverage for the minor child. Civ. R. 54(B) states in relevant part: When more than one claim for relief is presented in an action *** the court may enter final judgment as to one or more but fewer than all of the claims *** only upon an express determination that there is no just reason for delay. ***. In Stewart v. Midwestern Indemn. Co. (1989), 45 Ohio St.3d 124, the court stated at 127: - 3 - We have recently held that an order is final and appealable only if the requirements of R.C. 2505.02 are satisfied and, if applicable, the requirements of Civ. R. 54(B) are satisfied. (Citations omitted.) *** "However, when a court enters final judgment as to fewer than all of the claims or parties, it must expressly state that there is no just reason to delay an appeal on that judgment. Without such express determination, an order adjudicating fewer than all the claims or parties '*** shall not terminate the action as to any of the claims or parties ***.'" In the original petition, appellee sought orders for establishment of paternity, child support, and medical coverage, but plainly, the trial court has thus far resolved only one of those claims, and has not made an express determination with respect to the required language contained in Civ. R. 54(B). Our court has previously determined in the context of a paternity situation that the provisions of Civ. R. 54(B) applied when the trial court's journal entry clearly contemplated further action and was not, therefore, a final judgment. See Nwabara v. Willacy (May 6, 1994), Cuyahoga App. No. 65450, unreported. The court in Nwabara stated, We perceive of no reason why the same rule should not apply in paternity proceedings, such as the case sub judice, where analogous attendant issues remain undetermined. Here, the trial judge intended further hearings on the issues of both support and medical coverage and thus the paternity adjudication is not a final appealable order. Hence, we do not have jurisdiction to consider the merits of this appeal. - 4 - We conclude then in this case that the granting of the motion for default judgment which only adjudicated paternity was not a final appealable order and is not subject to our review at this time. Appeal dismissed. - 5 - It is ordered that appellee recover of appellant costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. ANN DYKE, PRESIDING JUDGE JOSEPH J. NAHRA, JUDGE TERRENCE O'DONNELL, 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, .