COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74308
SUZANNE L. HOWARD, ET AL.     : ACCELERATED DOCKET
                              :
                              :   JOURNAL ENTRY
     PLAINTIFFS-APPELLEES     :
                              :        AND
v.                            :
                              :      OPINION
MARY FIYALKO                  :
                              :     PER CURIAM
                              :
     DEFENDANT-APPELLANT      :
DATE OF ANNOUNCEMENT
OF DECISION:                  OCTOBER 29, 1998
CHARACTER OF PROCEEDING:      Civil appeal from
                              Common Pleas Court,
                              No. CV-314250.
JUDGMENT:                     DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiffs-Appellees:     Clark Weaver, Esq.
                              Carolyn Kaye Ranke, Esq.
                              55 Public Square
                              Suite 1350
                              Cleveland, OH 44113
For Defendant-Appellant:      Robert L. Steely, Esq.
                              McCafferty & Perelman
                              Four Brecksville Commons #202
                              8221 Brecksville Road
                              Brecksville, OH 44141
PER CURIAM:
     This court lacks jurisdiction to consider this matter pursuant
to the requirements as put forth in App.R. 4(A) which provides:
                               -2-
          A  party shall  file  the  notice  of  appeal
          required by App.R. 3 within thirty days of the
          later  of entry  of  the  judgment  or  order
          appealed or, in a civil case, service of  the
          notice of judgment and its entry if service is
          not made  on the party  within the three  day
          period in  Rule 58(B)  of the  Ohio Rules  of
          Civil Procedure.
     The record demonstrates that the only remaining claim in this
matter was voluntarily dismissed by appellant on February 24, 1998.
Although not required to do so, the trial court acknowledged  the
self-executing Civ.R. 41(A)  dismissal by entries journalized  on
March 11  and 16, 1998.   It is  well established that  dismissal
pursuant to Civ.R. 41(A) is effective upon the date of filing, not
the date the  court acknowledges the dismissal by journal  entry.
Andrews v. Sajar Plastics, Inc. (1994), 98 Ohio App.3d 61, 66.  The
thirty-day  period to file  a notice of  appeal from a  voluntary
dismissal runs from the date the notice of voluntary dismissal is
filed.   Rinicella v. Rubino (July  30, 1998), Cuyahoga App.  No.
73105, unreported. Accordingly, appellant's notice of appeal filed
April 9, 1998 was not timely filed pursuant to the requirements of
App.R. 4 and this court lacks jurisdiction to consider this appeal.
     This appeal is dismissed.
     It is, therefore, considered that said appellees recover  of
appellant their costs herein taxed.
     It is ordered that a  special mandate be sent to the  Common
Pleas  Court directing  said court  to carry  this judgment  into
                               -3-
execution.
     A certified copy of this entry shall constitute the  mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                         PATRICIA A. BLACKMON, ADMINISTRATIVE JUDGE
                         TIMOTHY E. McMONAGLE, JUDGE
                         LEO M. SPELLACY, JUDGE
N.B.  This entry is an announcement of the court's decision.  See
App.R.  22(D)  and 26(A);  Loc.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
.