COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69234 TRITON TRANSPORT SERVICES, ET AL. : : Plaintiff : : JOURNAL ENTRY -vs- : AND : OPINION CHARLES SMITH, ET AL. : : Defendant-Appellee : : : [Appeal by Vanguard Transportation : Systems, Inc. : : Defendant-Appellant] : DATE OF ANNOUNCEMENT OF DECISION FEBRUARY 1, 1996 CHARACTER OF PROCEEDING Civil appeal from Court of Common Pleas Case No. 266460 JUDGMENT APPEAL DISMISSED DATE OF JOURNALIZATION APPEARANCES: For Plaintiff-Appellant For Defendant-Appellee Vanguard Transportation Charles Smith: Systems, Ins.: GARY A. PIPER, ESQ. ORLANDO J. WILLIAMS, ESQ. Baran, Piper, Tarkowsky, G.A. Clark and Associates Fitzgerald & Theis Co, L.P.A. Commonwealth Square, Suite 103 500 Richland Trust Building 300 N. Cleveland-Massillon Rd. Mansfield, Ohio 44902 Akron, Ohio 44333-2484 [continued on next page] For Defendants-Appellees Thomas Gumm and John James: RICHARD J. MARCO, ESQ. MARY BETH CORRIGAN, ESQ. Marco, Marco & Bailey 52 Public Square Medina, Ohio 44256 - 3 - JAMES M. PORTER, J., This appeal is dismissed sua sponte for lack of a final appealable order. The record contains no journal entry specifying which issues were settled and dismissed with prejudice. We cannot speculate on how the settlement affected the various pending orders. Cleveland Bd. of Edn. v. URS Company, Inc. (Feb. 17, 1994), Cuyahoga App. No. 64496, unreported. No disposition was made of third party complaints against Reliance Insurance and Acceptance Insurance. Not all of the claims have been resolved. The journal entry does not contain language that "there is no just reason for delay" pursuant to Civ. R. 54(B). General Acc. Ins. Co. v. Insurance Co. of North America (1989), 44 Ohio St.3d 17, 20-21; McCabe/Marra Co. v. Dover (1995), 100 Ohio App.3d 139, 160. Although the trial court determined liability between Vanguard and Charles Smith, there is no determination of damages due for indemnification. The finding of liability without a determination of damages is not a final appealable order. Noble v. Colwell (1989), 44 Ohio St.3d 92, 96. Appeal dismissed. - 4 - 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. JAMES D. SWEENEY, P.J., and DYKE, J., CONCUR. JAMES M. PORTER 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 .