COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 75729
CITY OF CLEVELAND,            :
                              :
     Plaintiff-Appellee       :         JOURNAL ENTRY
                              :               and
     vs.                      :             OPINION
                              :
JOSEPH STRMAC,                :
                              :
     Defendant-Appellant      :
DATE OF ANNOUNCEMENT
OF DECISION                   :    FEBRUARY 10, 2000
CHARACTER OF PROCEEDING:      :    Criminal appeal from
                              :    Cleveland Municipal Court
                              :    Case No. 97TRC 051882
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellee:       George A. Pace, Jr., Esq.
                              Chief City Prosecutor
                              BY: Anthony D. Jordan, Esq.
                                  Rosalind V. Taylor, Esq.
                              Assistant City Prosecutors
                              The Justice Center   8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio 44113
For defendant-appellant:      Paul Mancino, Jr., Esq.
                              75 Public Square, Suite 1016
                              Cleveland, Ohio 44113-2098
                               -2-
MICHAEL J. CORRIGAN, J.:
     As  reflected in  the trial  court's docket,  this case  was
dismissed on November 23, 1998, before the filing of this appeal.
Thus, there is no case or controversy before this court.
     Case dismissed.
                               -3-
     This appeal is dismissed.
     It is, therefore, ordered that appellee recover from appellant
its costs herein taxed.
     It is  ordered that a special  mandate be sent to  Cleveland
Municipal Court directing said 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.
                                        MICHAEL J. CORRIGAN
                                             JUDGE
DYKE, A.J., and
BLACKMON, J., CONCUR.
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 court's announcement  of decision by  the
.