COURT OF APPEALS OF OHIO EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71883 JOHN F. SEELIE : : JOURNAL ENTRY Plaintiff-Appellant : : AND vs. : : OPINION JUDITH M. COOMBS, a.k.a. : Judith M. Kastelan : : Defendant-Appellee : : DATE OF ANNOUNCEMENT OF DECISION: OCTOBER 9, 1997 CHARACTER OF PROCEEDING: Civil appeal from Domestic Relations Case No. D-199736 JUDGMENT: APPEAL DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: JOHN F. SEELIE, Pro Se 800 Bank One Center 600 Superior Avenue, East Cleveland, Ohio 44114 For Defendant-Appellee: JUDITH M. KASTELAN, Pro Se 150 Manning Drive Berea, Ohio 44017 For Richard Coombs: GUY V. NERREN 75 Public Square, Suite 1320 Cleveland, Ohio 44113-2096 2 O'DONNELL, J.: The within cause having been presented to our court and argued, must be dismissed for the following reasons: Appellant John F. Seelie, Esq. lacks standing to prosecute this appeal because he was not a party to proceedings in the trial court. The record in the case reflects that appellee, Judith Coombs Kastelan, retained appellant Seelie to represent her in connection with her divorce from Richard Coombs, a matter adjudicated to conclusion in the Domestic Relations Division of Common Pleas Court and subsequently appealed on two occasions to this court. During pendency of these post-decree proceedings, Coombs discharged Seelie, but had not paid all charges Seelie claimed were due at that point. In an effort to collect his fee, Seelie filed a Clerk's Certificate of Judgment in Cuyahoga County indicating a $37,878.22 balance due and then filed to enforce the lien in the Mahoney County Probate Court against monies due Coombs. That court paid Seelie $1010, and referred the matter back to the Cuyahoga County Domestic Relations Court for resolution. The Domestic Relations Court conducted an ex parte hearing, and, inter alia, decreed that no fees were due from plaintiff to her post-decree attorney, Seelie, and ordered that in the event of collection, the decree shall act as res judicata in full defense for any claim. Since Seelie was not a party to the divorce case and since the 3 court exceeded its jurisdiction, its ruling regarding Seelie's contract claims against Coombs is a nullity. Proper recourse is for Seelie to adjudicate his claims for monies due pursuant to his contract of employment in a court of competent jurisdiction. Efforts taken by Seelie to appeal the order of the Domestic Relations Court as it affects his claim for post-decree attorney fees using the judgment lien number as a case number are also a nullity as there is no appeal from a judgment lien, only from a final order of a court. Accordingly, this appeal is dismissed. 4 It is ordered that appellee recover of appellant its costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. presiding judge~ SWEENEY, C.J., and panel member~NAHRA, J., CONCUR JUDGE TERRENCE O'DONNELL 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 .