COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73299
                              :
JACK SHARWELL,                :         ACCELERATED
                              :
     Plaintiff-Appellant      :        JOURNAL ENTRY
                              :              AND
     vs.                      :            OPINION
                              :
RODERICK WIMBERLY, ET AL.,    :          PER CURIAM
                              :
     Defendants-Appellees     :
DATE OF ANNOUNCEMENT
OF DECISION                   :    JUNE 25, 1998
CHARACTER OF PROCEEDING:      :    Civil appeal from
                              :    Common Pleas Court
                              :    Case No. 337666
JUDGMENT                      :    AFFIRMED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellant:      Jack Sharwell, Pro Se
                              P.O. Box 22419
                              Beachwood, Ohio 44122
For defendants-appellees:     David M. Dworkin
                              Ohio Savings Building
                              20133 Farnsleigh Road
                              Second Floor
                              Shaker Heights, Ohio 44122
                               -2-
PER CURIAM:
     Appellant, Jack Sharwell, appeals the dismissal of Case  No.
337666, a complaint upon a contract with appellees, Roderick  and
Shirley Wimberly.  Prior to this case, appellant brought Case No.
262841 against appellees with claims based on the same  contract.
In Case No. 262841, appellant's claims were dismissed, appellees'
counterclaims were prosecuted, and  a final judgment was  entered
against appellant. Appellant, instead of reasserting his claims in
Case No. 262841, instituted this action.
     Appellant's assignment of error reads:
     DECISION  IS  AGAINST  THE  LAW  AND  THE  EVIDENCE  AS
     ADDUCED.(SIC)
     In Case  No. 337666, the  trial court dismissed  appellant's
claims because it found that appellant had the duty, pursuant  to
Civ.R. 13(A), to reassert his claims in Case No. 262841 in response
to appellees' counterclaims.  The trial court properly  dismissed
Case No. 337666 on the basis of res judicata because appellant was
required to  reassert his claims in  Case No. 262841 pursuant  to
Civ.R. 13(A).   See, City  of Westlake v.  Rice (1995), 100  Ohio
App.3d 438, 654 N.E.2d 181.
     Judgment affirmed.
                               -3-
     It is ordered that appellees recover of appellant their 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 Common  Pleas 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, PRESIDING JUDGE
                         TERRENCE O'DONNELL, JUDGE
                         TIMOTHY E. McMONAGLE, 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
.