COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68150
                                   :
                                   :  ACCELERATED DOCKET
ALBERT C. NOZIK, ET AL.,           :
                                   :    JOURNAL ENTRY   
                                   :
          Plaintiffs-Appellants    :        AND       
                                   :
v.                                 :      OPINION
                                   : 
MICHAEL A. SANSON, ET AL.,         :     PER CURIAM
                                   :
                                   :                
          Defendants-Appellees     :
DATE OF ANNOUNCEMENT 
OF DECISION:                       JUNE 8, 1995     
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Common Pleas Court   
                                   Case No. 275700 
JUDGMENT:                          AFFIRMED. 
DATE OF JOURNALIZATION:                                         
APPEARANCES:  
For plaintiffs-appellants:         Albert C. Nozik, Pro Se         
                                   7833 Lake Shore Boulevard  
                                   Mentor-on-the-Lake, Ohio  44060
For defendants-appellees:          Jerome M. Ellerin     
                                   JEROME M. ELLERIN CO., L.P.A.
                                   1717 Bond Court Building
                                   Cleveland, Ohio  44114
                                -2-
PER CURIAM:
     Appellant's assignment of error is overruled.  The trial court
properly dismissed the complaint for failure  to state a claim upon
which relief could be  granted.  Civ.R. 12(B)(6).  The  filing of a
judgment  lien  cannot  constitute  slander  of  title.   A  matter
published in a  judicial proceeding, with some  reasonable relation
to the proceeding, is privileged, even if  it is untrue.  Surace v.
Wuliger  (1986),  25  Ohio  St.3d  229.    There  is  no  authority
establishing an exception to the  judicial proceeding privilege for
judgment liens.  See Stern v. Whitlach & Co. (1993), 91 Ohio App.3d
32,  37.  It  has been held  that obtaining judgment  on a cognovit
note which creates a  lien upon land is privileged  from defamation
actions.  Michaels  Bldg. Co. v.  Cardinal Fed. S  & L. (1988),  54
Ohio App.3d 180, 184, Treshansky v.  Northern Ohio Lumber Co. (App.
1929), 7 Ohio Law Abs. 646.   Other states have held the  privilege
applies to filing  a lien in the  course of a judicial  proceeding.
Wilton v. Mountain Wood Homeowners Ass'n.  (1993), 18 Cal. App. 4th
565, 22 Cal. Rptr. 2d 471, see 50 American Jurisprudence 2d (1995),
851-852, Libel & Slander, Section 558.  Therefore,  we hold that an
absolute privilege prevents a cause of  action for slander of title
for filing a judgment lien.
     Nothing in the record indicates the trial court considered the
documents attached  to  appellee's motion  to dismiss.   The  trial
court could not consider these documents  because it did not notify
the  parties  it was  converting the  Civ.R.  12(B)(6) motion  to a
motion for summary judgment.  State ex rel. Baran v. Fuerst (1990),
                                -3-
55  Ohio St.3d  94.  The  trial court correctly  dismissed the case
based on the failure of the complaint to state a claim for relief.
     The judgment of the trial court is affirmed.
                                -4-
     It is ordered that appellees recover of appellants their 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 Rules of Appellate Procedure.   
                              DONALD C. NUGENT, 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 announcement
of decision (see Rule 26).  Ten (10) days from the date hereof this
document  will be stamped to indicate journalization, at which time
.