COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75238
MAXWELL JAY GRUBER, SR.,      :
ETC., ET AL.                  :
                              :    JOURNAL ENTRY
     PLAINTIFFS-APPELLANTS    :
                              :         AND
v.                            :
                              :       OPINION
KOPF BUILDERS, INC., ET AL.   :
                              :
     DEFENDANTS-APPELLEES     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION:                  NOVEMBER 4, 1999
CHARACTER OF PROCEEDING:      Civil procedure from
                              Court of Common Pleas
                              Case No. CV-324049.
JUDGMENT:                     DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiffs-appellants:    DONALD E. CARAVONA, Esq.
                              THOMAS J. SILK, Esq.
                              Caravona & Czack, P.L.L.
                              1900 Terminal Tower
                              50 Public Square
                              Cleveland, Ohio 44113
For Defendant-appellee:       THOMAS E. BETZ, Esq.
                              Gallagher, Sharp, Fulton & Norman
                              630 Bulkley Building
                              1501 Euclid Avenue
                              Cleveland, Ohio 44115
                               -i-
For Carl S. Andreano &
Associates:                   MARIA BOCCARDI, Esq.
                              DONALD H. POWERS, Esq.
                              Powers & Associates
                              2 Berea Commons, Suite 215
                              P.O. Box 1059
                              Berea, Ohio 44017
For Courtyard Condominium
Etc.                          HENRY A. HENTEMANN, Esq.
                              JOHN J. REAGAN, Esq.
                              Meyers, Hentemann & Rea Co.
                              2100 Superior Building
                              815 Superior Avenue, N.E.
                              Cleveland, Ohio 44114
                               -2-
SWEENEY, JAMES D., J.:
     Plaintiff-appellant Maxwell Gruber, Sr., individually and as
administrator  of the  Estate  of  Maxwell Gruber  II,  a  minor,
deceased, filed this wrongful death action after the drowning death
of Maxwell  Gruber II  in a  retention basin  located within  the
Courtyard Condominium complex.  While the underlying facts of this
case are tragic, this court sua sponte dismisses this case for the
reasons set forth below.
     In the  amended complaint, filed  on January  17, 1997,  the
appellant listed nine named defendants: Kopf Builders, Inc.;  the
Courtyard Condominium Unit Owners' Association, Inc.; the City of
Westlake; the  Martin Organization;  Carl S.  Andreano &  Assoc.;
Condominium   A , Inc.;  Condominium  A ,  Inc. now known as  the
Renner Management Group, Inc.; the Renner Management Group, Inc.;
and, the Moenkhaus management Group, Inc.
     Pursuant to Civ.R.  41(A), on March 24, 1998, the  appellant
voluntarily   dismissed  the   City  of   Westlake,  the   Martin
Organization, and the Moenkhaus Management Group, Inc.  Likewise,
on  April  1, 1998,  the  appellant  voluntarily  dismissed  Kopf
Builders, Courtyard Condominium Unit Owners' Association, Inc., the
Renner Management Group, Condominium A, Inc. and Andreano & Assoc.
     On April 13, 1998,  the trial court issued an order  stating
that the voluntary dismissal dated April 1, 1998, was withdrawn at
the appellant's request and that the case would continue.
     In Page v. Riley (1999), 85 Ohio St.3d 621, the court  noted
that when a case has been properly voluntarily dismissed pursuant
                               -3-
to Civ.R. 41(A)(1) the trial court patently and unambiguously lacks
jurisdiction to proceed. In Denham v. New Carlisle (1999), 86 Ohio
St.3d 594, the court stated that a dismissal under Civ.R. 41(A)(1)
dismisses all  claims against  the defendants  designated in  the
dismissal notice.   Such a dismissal  nullifies the action as  to
those parties. Id.  The voluntary dismissal itself terminates the
court's jurisdiction.  State ex rel. Fogle v. Steiner (1995),  74
Ohio St.3d 158, 164.
     Thus,  the trial  court  patently and  unambiguously  lacked
jurisdiction to enter the order of April 14, 1998.  The appellant's
voluntary dismissal of all parties removed the case from the trial
court's jurisdiction and rendered the remaining orders a nullity.
     Case 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.
Exceptions.
TERRENCE O'DONNELL, P.J., and
LEO M. SPELLACY, J., CONCUR.
                                        _____________________________
                                             JAMES D. SWEENEY
                                                  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.  22.   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
.