COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 73665
STATE OF OHIO, EX REL.        :        ORIGINAL ACTION
DEBORAH S. KOVALAK            :
                              :
          Relator             :
                              :         JOURNAL ENTRY
          v.                  :              AND
                              :            OPINION
JUDITH GOODHAND, DIRECTOR,    :
DEPARTMENT OF CHILDREN AND    :
FAMILY SERVICES               :
          Respondent          :
DATE OF ANNOUNCEMENT
   OF DECISION:                    APRIL 30, 1998
CHARACTER OF PROCEEDING:           WRIT OF HABEAS CORPUS
JUDGMENT:                          WRIT DISMISSED. (Motion No.
                                   91744 to dismiss is granted.
                                   Motion No. 92377 for summary
                                   judgment is denied.)
DATE OF JOURNALIZATION:
APPEARANCES:
For Relator:                       For Respondent:
DEBORAH S. KOVALAK, pro se         STEPHANIE TUBBS JONES
55 Barrett Road, #334              Cuyahoga County Prosecutor
Cleveland, Ohio  44113-1674
                                   CATHIE T. CHANCELLOR
                                   Assistant Prosecuting Attorney
                                   The Justice Center
                                   1200 Ontario Street
                                   Cleveland, Ohio  44113
                               -2-
KARPINSKI, J.:
      On  May  12,  1997, a  caseworker  for the  Cuyahoga  County
Department of  Children and  Family Services  ( CCDCFS  ) filed  a
complaint in the Court of Common Pleas of Cuyahoga County, Juvenile
Division ( trial court ), which alleged that Robert Kovalak, Jr. and
Carrie Kovalak were dependent.  The complaint further requested that
temporary custody  of Robert Kovalak,  Jr. and  Carrie Kovalak  be
awarded to the CCDCFS. Following an adjudicatory hearing, the trial
court, on June 5, 1997, journalized an order which committed Robert
Kovalak, Jr. and Carrie Kovalak to the emergency temporary custody
of the  CCDCFS.   On December 12,  1997, the  relator, Deborah  S.
Kovalak, filed a petition for  a writ of habeas corpus naming  the
CCDCFS and Judith Goodhand, Director of the CCDCFS, as respondents.
Relator claims that  she is entitled  to immediate possession  and
legal custody of Robert Kovalak, Jr. and Carrie Kovalak.  The  re-
spondents have filed a motion to dismiss, which this court grants,
albeit for different reasons than stated by the respondents.
     The Supreme  Court  of Ohio  has  established that  an  order
granting temporary custody is a final, appealable order.  See McNeal
v. Miami County Children's Services Board (1992), 64 Ohio St.3d 208;
In re Murray (1990), 52 Ohio St.3d 155; In re Hunt (1976), 46 Ohio
St.2d 378. In addition the Supreme Court of Ohio, in McNeal, opined
that:
          In In re Davis (1985), 18 Ohio St.3d 226, 18 OBR 285,
     480 N.E.2d 775, we  affirmed earlier cases holding  that
     habeas corpus may not be used as a substitute for appeal.
     The trial court's March 15, 1990 order granting temporary
                               -3-
     custody to the board was a final, appealable order, ***.
          In this  case, McNeal  bypassed an  appeal she  had
     already filed  and initiated  yet another  case to  seek
     relief.  Under these circumstances, we find no reason to
     depart from the general rule that appeal is an  adequate
     remedy at law.
          Since McNeal had an adequate remedy at law  through
     appeal, we affirm  the decision of the court of  appeals
     solely on that basis.
Id., at 210.
     In the case sub judice, we find that the relator possessed an
adequate remedy at law through an appeal from the judgment of  the
trial court which awarded temporary custody of Robert Kovalak, Jr.
and Carrie  Kovalak to  the  CCDCFS.   Accordingly, we  grant  the
respondents'  motion to dismiss.   In re  Harris (Oct. 26,  1992),
Cuyahoga App. Case No. 64534, unreported.  See, also, State ex rel.
Peeples v. Anderson (1995), 73 Ohio St.3d 559.  Relator's motion for
summary judgment is denied.  Costs to relator.
     Writ dismissed.
PORTER, P.J., and
SPELLACY, J., CONCUR.
                                        DIANE KARPINSKI
                                             JUDGE
.