COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68718
TERRI L. WADE,                     :  ACCELERATED DOCKET
                                   :                    
                                   :    JOURNAL ENTRY
          Plaintiff-Appellant      :                  
                                   :        AND
v.                                 :             
                                   :      OPINION
SHORE SAILS CLEVELAND, INC.,       :               
                                   :     PER CURIAM
                                   :                
          Defendant-Appellee       :
DATE OF ANNOUNCEMENT 
OF DECISION:                       SEPTEMBER 14, 1995
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Common Pleas Court      
                                   Case No. 271376     
JUDGMENT:                          AFFIRMED.
DATE OF JOURNALIZATION:                                         
APPEARANCES:  
For plaintiff-appellant:           Thomas S. Hudson 
                                   HUDSON AND ASSOCIATES
                                   1700 Terminal Tower
                                   Cleveland, Ohio  44113  
For defendant-appellee:            Daniel D. Mason      
                                   WARHOLA, O'TOOLE, LOUGHMAN,
                                     ALDERMAN & STUMPHAUZER
                                   502 Broadway
                                   Lorain, Ohio  44052
                                -2-
PER CURIAM:
     The trial court properly granted appellee's motion for summary
judgment  and  denied  appellant's   motion  for  partial   summary
judgment.  Appellant's claim for breach of the settlement agreement
was previously adjudicated in Cuyahoga County Common Pleas Case No.
CV-243342, and is res judicata.  See Rogers v. Whitehall (1986), 25
Ohio St.3d 67.  A claim for  attorneys fees could have been brought
in this  prior suit,  and is res  judicata.   See Rossi  v. Corning
Glassworks (1992), 84 Ohio App.3d  22, National Amusements, Inc. v.
City of  Springdale (1990),  53 Ohio  St.3d 60,  62.   Accordingly,
appellant's first assignment of error is overruled.
     As for appellant's  malicious prosecution claim, there  was no
evidence of the  essential element of seizure of appellant's person
or property.   Crawford  v. Euclid  National Bank  (1985), 19  Ohio
St.3d 135.  Additionally,  the prior proceedings were settled,  not
terminated  in  appellant's  favor,  so  an  action  for  malicious
prosecution cannot be  maintained.  Neff  v. Engle (1986), 28  Ohio
App.3d 44.  Appellant's second assignment of error is overruled.
     Appellant presented no evidence she suffered serious emotional
distress.   Uebelacker  v.  Cincom Systems,  Inc.  (1988), 48  Ohio
App.3d 268, 275-276, Borowski v. State Chemical Mfg. Co. (1994), 97
Ohio App.3d 635, 644.  Accordingly, appellant's third assignment of
error is overruled.
     The decision of the trial court is affirmed.  
                                -3-
     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 Rules of Appellate Procedure.   
                              JAMES D. SWEENEY, PRESIDING JUDGE    
                              JOSEPH J. NAHRA, JUDGE    
                              *AUGUST PRYATEL, JUDGE
                              (*SITTING BY ASSIGNMENT:  Judge
                              August Pryatel, Retired, Eighth
                              District Court of Appeals.)
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
.