COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69091 RALPH C. HUGHES, ET AL. : : : PLAINTIFFS-APPELLANTS : JOURNAL ENTRY : v. : AND : : OPINION CITY OF NORTH OLMSTED, ET AL. : : : DEFENDANTS-APPELLEES : DATE OF ANNOUNCEMENT OF DECISION: FEBRUARY 22, 1996 CHARACTER OF PROCEEDING: Civil appeal from Court of Common Pleas, Case No. CV-281235. JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiffs-appellants: Dennis J. Niermann, Esq. Kramer & Niermann A Legal Professional Association 3214 Prospect Avenue, East Cleveland, Ohio 44115-2600 For Defendants-appellees: Michael R. Gareau Director of Law James M. Dubelko Assistant Director of Law 23823 Lorain Rd., Suite 200 North Olmsted, Ohio 44070 SWEENEY, JAMES D., P.J.: Plaintiffs-appellants Ralph and Sharon Hughes, husband and wife, appeal from the purported granting of summary judgment in favor of defendants-appellees City of North Olmsted, Ernest J. Gundy and Carolyn Kassler in their capacities as safety directors for the City of North Olmsted, and Dennis S. Sefcek in his capacity as the chief of police for the City of North Olmsted. For the reasons adduced below, we dismiss the notice of appeal. A review of the record on appeal indicates that this appellate court lacks jurisdiction to act on the merits of the case since a final appealable order pursuant to R.C. 2505.02, or any attempt with compliance with Civ.R. 54(B), is lacking. Chef Italiano Corp. v. Kent State Univ. (1989), 44 Ohio St.3d 86. A review of the record on appeal indicates that the plaintiffs-appellants, in their complaint and purported amended 1 complaint , listed the previously named City and individuals, four in total, as individual parties-defendant. The defendants-appellees' January 17, 1995 motion for summary judgment was phrased in the plural, attempting to obtain summary 1 The plaintiffs' March 29, 1995 "Motion for Leave to Amend Complaint pursuant to Rule 15(A), Instanter" (which had a copy of the proposed amended pleading attached to the motion) was granted by the trial court on April 5, 1995. Although the plaintiffs were given leave to amend the pleading, at no time thereafter did plaintiffs actually file the amended pleading with the court. See Civ.R. 15(A) and Loc.R. 8(D) of the Court of Common Pleas of Cuyahoga County, General Division ("Upon the filing of any amended pleading ..." [Emphasis added]). - 3 - judgment against each of the four defendants. The trial court, in its May 12, 1995 judgment entry granting summary judgment, listed only the City of North Olmsted as a defendant in the case caption. See Journal Vol. 1849, pages 6-9. Although the remaining individual defendants are mentioned by name in this May 12, 1995 entry, at no point within this order are these individuals identified as parties to the case. Furthermore, this May 12, 1995 order, when it does mention the word "defendant," refers to this word always in the singular. Also, the accompanying status form order states "Deft's Motion for Summary Judgment is granted opinion issued" (Emphasis added), which indicates the singular-possessive use of the word "defendant." The only conclusion which can be drawn from these facts is that the trial court granted summary judgment as to only one defendant, the City of North Olmsted, leaving the three individual defendants, albeit in their official capacities, as parties in the action. Accordingly, final judgment is lacking. After receiving a final appealable order, appellant may file to reinstate this appeal. Notice of appeal dismissed. - 4 - It is ordered that appellees recover of appellants their costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions. TERRENCE O'DONNELL, J., and DIANE KARPINSKI, J., CONCUR. JAMES D. SWEENEY PRESIDING 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 .