COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68364 SANDRA A. ROBERTSON : : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION JOSEPH J. SGRO, ET AL. : : Defendant-appellees : : DATE OF ANNOUNCEMENT : NOVEMBER 2, 1995 OF DECISION : CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. CV-276437 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: For defendant-appellees: SANDRA A. ROBERTSON, PRO SE JOHN T. McLANDRICH, ESQ. P. O. Box 620003 34305 Solon Road Cleveland, OH 44102-9003 100 Franklin's Row Solon, OH 44139 - 2 - PATTON, C.J. Plaintiff-appellant, Sandra Robertson appeals the trial court's decision granting defendant-appellees, Joseph Sgro and Anthony Sgro's motions to dismiss. On July 9, 1976, Robertson gave birth to a mentally retarded baby girl, Diana Lee Rogers. The Ohio Department of Human Services placed Diana in several institutions throughout her minor years. In 1987, Robertson filed with the juvenile court a motion to establish the parent-child relationship, naming Joseph Sgro as the father. The juvenile court stated in its journal entry that Joseph Sgro was Diana's father and found his date of birth to be November 10, 1955. The juvenile court ordered Joseph Sgro to pay $35 plus poundage per week of which $25 per week is to be paid as current support, said money to be disbursed to the Cuyahoga County Department of Human Services-Social Services and/or its assigns as approved by the Court. The remaining $10 per week is to apply on maternity expenses of $1,272.35, said money to be disbursed to the Ohio Department of Human Services. When the $1,272.35 is paid in full, then said $10 per week is to apply on past care of $12, 268, said money to be disbursed to the Cuyahoga County Department of Human Services. Then said $10 per week is to apply as current support, thereby increasing current support payments to $35 plus poundage per week. - 3 - Robertson never received any support payments from Joseph Sgro so she filed a complaint against Joseph Sgro and his father, Anthony Sgro claiming that they both acted with negligence, wilfulness and recklessness when they failed to make support payments. Robertson's pro se brief claims that the trial court erred when it dismissed her causes of action against Joseph and Anthony Sgro. Joseph Sgro moved the trial court to dismiss the complaint against him because the trial court did not have jurisdiction. Joseph Sgro claimed that jurisdiction for a complaint to enforce a previous juvenile court order remains with the juvenile court. Initially, we note that the Robertson's original action for parentage was filed in juvenile court pursuant to R.C. 3111.02 and 3111.09. R.C. 3111.06(A) states in relevant part: (A) The juvenile court has original jurisdiction of any action authorized under sections 3111.01 to 3111.19. The Ohio Supreme Court has held that as between courts of concurrent jurisdiction, the court whose power is first invoked by proper proceedings acquires jurisdiction, to the exclusion of all other tribunals, to adjudicate upon the whole issue and to settle the rights of the parties. Knowlton Co. v. Knowlton (1992), 63 Ohio St.3d 677. It is clear in the case against Joseph Sgro that the original action filed against him was properly invoked in juvenile court - 4 - pursuant to R.C. 3111.02. Therefore, jurisdiction remains with the juvenile court pursuant to Knowlton Co., supra. Accordingly, the trial court did not err when it granted Joseph Sgro's motion to dismiss based on the trial court's lack of subject matter jurisdiction. Robertson's pro se appeal claiming the trial court erred when it granted Anthony Sgro's motion to dismiss is rendered moot due to the disposition of her first claim. App.R. 12(A)(1)(c). Accordingly, Robertson's pro se appeal is overruled. Judgment affirmed. - 5 - It is ordered that appellees recover of appellant 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 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. PATRICIA BLACKMON, J. DAVID T. MATIA, J., CONCUR CHIEF JUSTICE JOHN T. PATTON 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, .