COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 67946 THOMAS J. NEFF, SR. : : ACCELERATED DOCKET : PLAINTIFF-APPELLEE : JOURNAL ENTRY : v. : AND : ROBERT MANASHIAN, : OPINION : : PER CURIAM DEFENDANT : : : and : : CYNTHIA MANASHIAN : : DEFENDANT-APPELLANT : DATE OF ANNOUNCEMENT OF DECISION: JUNE 1, 1995 CHARACTER OF PROCEEDING: Civil appeal from Parma Municipal Court, Case No. 93-CVG-1683. JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-appellee: William L. Tomson, Jr., Esq. 11221 Pearl Road Strongsville, Ohio 44136 For Defendants-appellants: Laurence A. Turbow, Esq. 75 Public Square, Suite 700 Cleveland, Ohio 44113-2001 PER CURIAM: An accelerated appeal is authorized pursuant to App.R. 11.1 and Loc.App.R. 25. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusionary decision. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158; App.R. 11.1(E). On June 11, 1993, Plaintiff-appellee Thomas J. Neff, Sr. filed a forcible entry and detainer action in the Parma Municipal Court against defendant-appellant Cynthia Manashian, and Robert Manashian. On July 12, 1993, the appellant filed a motion to dismiss arguing that the appellee erred in filing a action for forcible entry and detainer. The appellant contended that the agreement signed by the parties was a land installment contract, and that the appellee should have filed an action in foreclosure in the court of common pleas. The parties agree that on August 10, 1993, the appellee filed an action in foreclosure in the court of common pleas alleging breach of a land installment contract. On August 3, 1994, the court concurred with the referee's determination that it lacked jurisdiction over the land contract, and certified the action to the Cuyahoga County Court of Common Pleas. Subsequent to this transfer, the appellant filed a motion before the Parma Municipal Court for attorney fees pursuant to R.C. 5321.02. The court denied the motion, and the appellant requested findings of fact and conclusions of law. The court issued these - 3 - findings and conclusions. It is from the denial of the motion for attorney fees that the appellant has appealed. The appellant sets forth one assignment of error: THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT-APPELLANT IN FAILING TO AWARD HER REASONABLE ATTORNEY FEES PURSUANT TO OHIO REV. CODE 5321.02, UPON DISMISSAL OF AN ERRONEOUS AND RETALIATORY FORCIBLE ENTRY AND DETAINER ACTION. The appellant asserts that the appellee filed the forcible entry and detainer action as retaliation, and that the appellee knew that the proper cause of action was one of foreclosure in the court of common pleas. The appellee contends that the action was not retaliatory, that the contract contemplates a forcible entry and detainer action, and that the appellant is not entitled to attorney fees as she has shown no actual damages. The language of R.C. 5321.02 expressly conditions the award of attorney fees on a finding that the tenant suffered actual damages. Jemo Associates v. Garman (1982), 70 Ohio St.2d 267; Cuyahoga Metro. Housing Auth. v. Watkins (1984), 23 Ohio App.3d 20. Municipal courts and courts of common pleas have concurrent jurisdiction over forcible entry and detainer actions, Seventh Urban, Inc. v. University Circle (1981), 67 Ohio St.2d 19. Here, the Parma Municipal Court did not dismiss the forcible entry and detainer action, but instead transferred it to a court of concurrent jurisdiction, the Cuyahoga County Court of Common Pleas. By so doing, the municipal court lost jurisdiction to consider the appellant's motion for attorney fees. - 4 - Conversely, once the court of common pleas assumed jurisdiction, it alone was the appropriate forum in which to file the motion for attorney fees. The municipal court could not assess attorney fees, even had the judge deemed them appropriate, because there was no case pending before it. The Parma Municipal Court no longer had jurisdiction to make a finding of actual damages. Since the Parma Municipal Court is without jurisdiction, and no final appealable order has been rendered by the Cuyahoga County Court of Common Pleas, this court lacks jurisdiction to consider this appeal. This action is dismissed for lack of a final appealable order. - 5 - It is ordered that appellee recover of appellant his costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions. JOHN T. PATTON, C.J. JAMES D. SWEENEY, J. JAMES M. PORTER, J. 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 journalization, at which time .