COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70433
PAUL STANACZYK                :
                              :
        Plaintiff-appellant   :
                              :      JOURNAL ENTRY
     -vs-                     :           AND
                              :         OPINION
VICTOR FONTANEZ, ET AL.       :
                              :
        Defendants-appellees  :
                              :
DATE OF ANNOUNCEMENT
  OF DECISION:                     NOVEMBER 21, 1996    
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Court of Common Pleas
                                   Case No. CV-285310
JUDGMENT:                          DISMISSED AND REMANDED
                                   FOR FURTHER PROCEEDINGS.
DATE OF JOURNALIZATION:                                
APPEARANCES:
For Plaintiff-Appellant:           For Defendant-Appellee
                                   Integon Insurance Co:
SUSAN M. LAWKO, ESQ.               STEPHEN F. DOBSCHA, ESQ.
LAWKO & LAWKO                      MAZANEC, RASKIN & RYDER
55 Public Square, #1250            CO., L.P.A.
Cleveland, Ohio  44113             100 Franklin's Row
                                   34305 Solon Road
                                   Cleveland, Ohio  44139
                                   For Defendant-Appellee
                                   Victor Fontanez:
                                   PHILIP A. MARNACHECK, ESQ.
                                   55 Public Square, #1250
                                   Cleveland, Ohio  44113
                               - 2 -
DYKE, J.:
     This  appeal  is sua  sponte  dismissed  for lack  of  a final
appealable order. Civ.R. 54(B).   One of the parties  to the action
below,  Victor  Fontanez, filed  bankruptcy  prior to  the judgment
rendered by the trial court in favor of appellee, Integon Insurance
Company.  An  automatically instituted stay prevented  Mr. Fontanez
from being  a party  to any  of the  proceedings subsequent  to the
bankruptcy.  Without the "no just  reason for delay" language, this
Court is without  jurisdiction to hear  this appeal on the  merits.
Cf. Collins v. Kingsmen Enterprises, Inc. (Jan. 19, 1995), Cuyahoga
App. No. 66433, unreported.
     Dismissed and remanded for further proceedings. 
                               - 3 -
     It  is ordered that appellees recover of appellant 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.  
NAHRA, J.,      AND
PATTON, J., CONCUR.
   ANN DYKE
                                          PRESIDING JUDGE
N.B.  This entry is an  announcement of the  court's decision.  See
App.R. 22(B), 22(D) and  26(A); Loc.App.R. 27.  This  decision will
be journalized and will become the  judgment and order of the court
pursuant to App.R.  22(E) unless a motion for  reconsideration with
supporting brief, per App.R.  26(A), is filed within ten  (10) days
of the announcement  of the court's decision.   The time period for
review  by the Supreme  Court of Ohio  shall begin to  run upon the
journalization  of  this court's  announcement  of decision  by the
.