COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70417 RE: ADOPTION OF HEATHER E. : JONES, ET AL. : : Plaintiff-Appellee : : JOURNAL ENTRY -vs- : AND : OPINION : : Defendant-Appellant : : DATE OF ANNOUNCEMENT OF DECISION: JANUUARY 16, 1997 CHARACTER OF PROCEEDING: CIVIL APPEAL FROM THE PROBATE COURT CASE NO. 1104022 JUDGMENT: APPEAL DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: MICHAEL A. PARTLOW (#0037102) MORGANSTERN, MacADAMS & DeVITO CO., L.P.A. BURGESS BUILDING - SUITE 400 1406 WEST SIXTH STREET CLEVELAND, OHIO 44113 For Defendant-Appellant: MARY V.G. WALSH (#0022757) 449 THE ARCADE CLEVELAND, OHIO 44114 - 2 - SPELLACY, J.: Sua sponte appellant's appeal filed March 26, 1996, is hereby dismissed. This appeal from the probate court's journal entry of August 11, 1995, finding that the consent of Gregory Alan Yasher is not required for the adoption of his two minor children is dismissed for failure to file a timely notice of appeal. App.R. 4(A). See In re Adoption of Greer (1994), 70 Ohio St.3d 293, paragraph one of syllabus; In re Adoption of Johnson (1995), 72 Ohio St.3d 1217; and R.C. 3107.07. Because the Probate Court determined that appellant Gregory Alan Yasher's consent for the adoption of his two minor children was not required, appellant lacks standing to appeal the February 27, 1996, decision of the probate court granting a final decree of adoption in favor of Nathan Daniel Jones. - 3 - It is ordered that appellee recover of appellant his 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 Probate 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. JOSEPH J. NAHRA, P.J. AND DIANE KARPINSKI, J. CONCUR. LEO M. SPELLACY JUDGE N.B. This 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(B) 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 .