COURT OF APPEALS OF OHIO  EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76341
ARLENE SZYMCZAK                    :
                                   :         JOURNAL ENTRY
          Plaintiff-Appellee       :
                                   :              AND
       vs.                         :
                                   :            OPINION
JOHN D. SZYMCZAK, et al.           :
                                   :
          Defendant-Appellants     :
                                   :
DATE OF ANNOUNCEMENT               APRIL 26, 2000
OF DECISION:
CHARACTER OF PROCEEDING:           Civil Appeal from Common Pleas
                                   Court Case No. CV-352816
JUDGMENT:                          APPEAL DISMISSED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellee:            JOHN J. DYER, III
                                   Stafford & Stafford Co., LPA
                                   323 Lakeside Avenue, West
                                   380 Lakeside Place
                                   Cleveland, Ohio 44113
For Defendant-Appellant:           DAVID B. SHILLMAN
                                   David B. Shillman Co., LPA
                                   720 Leader Building
                                   526 Superior Avenue, N.E.
                                   Cleveland, Ohio  44114-1457
                               -2-
TERRENCE O'DONNELL, PRESIDING JUDGE:
     This matter now having been appealed to us from the April 5,
1999 journal entry denying defendant's Motion for Summary Judgment
and granting in part  and denying in part Plaintiff's Motion  for
Summary Judgment is hereby remanded to the court as the entry does
not constitute a final appealable order.
     In this case, the relevant portion of the judgment entry reads
as follows:
     Specifically, this  Court finds  that the  interpleaded
     funds of Royal Packaging Corp. are disposable earnings of
     which plaintiff is entitled to 60%.  Also,  plaintiff's
     status takes priority over subsequent status holders such
     as defendant's attorney.
     This entry is not final, however, because it neither specifies
the amount of the judgment nor disposes of the remaining 40% of the
interpleaded funds.
     In Fireman's Fund Ins. Co. v. BPS Co. (1982), 4 Ohio App.3d 3,
the court there stated:
     Where a separate trial on the issue of liability is held,
     and the issue of liability is determined in plaintiff's
     favor, an  entry  of judgment  by  the trial  court  in
     plaintiff's favor on the issue of liability which leaves
     the amount of damages to be awarded unresolved until some
     future time, does not constitute a final judgment which
     may then be treated as an appealable order.
     Accordingly, this appeal is dismissed at appellant's costs.
                               -3-
     A certified copy of this entry shall constitute the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES D. SWEENEY, J., and
JAMES M. PORTER, J., CONCUR
                                   ______________________________
                                         PRESIDING JUDGE
                                        TERRENCE O'DONNELL
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
clerk per  App.R.  22(E).   See,  also S.Ct.Prac.R.  II,  Section
2(A)(a).
.