COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73494
STATE OF OHIO,
          Plaintiff-appellee
                                          JOURNAL ENTRY
     vs.
                                               AND
CHRISTIAN McDANIELS,
                                             OPINION
          Defendant-appellant
DATE OF ANNOUNCEMENT
 OF DECISION:                    NOVEMBER 5, 1998
CHARACTER OF PROCEEDING:         Civil appeal from Common Pleas
                                 Court, Case No. CR-265485
JUDGMENT:                        Appeal dismissed.  Motion No.
                                 92426 to dismiss is granted.
DATE OF JOURNALIZATION:
APPEARANCES:
For plaintiff-appellee:          STEPHANIE TUBBS JONES
                                 Cuyahoga County Prosecutor
                                 L. CHRISTOPHER FREY
                                 Assistant Prosecuting Attorney
                                 The Justice Center
                                 1200 Ontario Street
                                 Cleveland, Ohio  44113
For defendant-appellant:         PAUL F. ADAMSON
                                 137 South Main Street
                                 Suite 201
                                 Akron, Ohio  44308
                               -2-
KARPINSKI, J.:
     Because  the court  failed  to  make findings  of  fact  and
conclusions of law, the order appealed is not a final, appealable
order.  State v. Mapson (1982), 1 Ohio St. 3d 217.   As a result,
this court  has no  jurisdiction to  proceed.   State v.  Perkins
(1982), 5 Ohio App.3d 182.
     Appellee's motion to dismiss is therefore granted and the case
remanded to the lower court.  Because no decision was made by the
trial court for ten months and the normal appeal process  further
caused a delay in this post-conviction petition, the lower court is
to consider this matter within thirty days.
                               -3-
     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.
JOHN T. PATTON, J., and
JAMES D. SWEENEY, J., CONCUR.
                                        DIANE KARPINSKI
                                        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
.