COURT OF APPEALS OF OHIO EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77242 OHIO STATE BUILDING & CONSTRUCTION : ACCELERATED DOCKET TRADES COUNCIL, et al., : : JOURNAL ENTRY Plaintiffs-Appellees : : AND vs. : : OPINION CUYAHOGA COUNTY BOARD OF : COMMISSIONERS, et al., : : Defendants-Appellees : : and : : OHIO ASSOCIATED BUILDERS AND : CONTRACTORS, INC., : : Proposed Intervenor-Appellant : DATE OF ANNOUNCEMENT APRIL 25, 2000 OF DECISION: CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-391084 JUDGMENT: APPEAL DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Proposed Intervenor-Appellant RONALD L. MASON Ohio Associated Builders & THOMAS M. L. METZGER Contractors, Inc. O. JUDSON SCHEAF III Kegler, Brown, Hill & Ritter Co., L.P.A. 65 E. State Street, Suite 1800 Columbus, Ohio 43215 For Plaintiff Ohio State EDWARD KANCLER Building and Construction Benesch, Friedlander, Coplan & Trades Council: Aronoff, L.P.A. 2300 BP America Building 200 Public Square Cleveland, Ohio 44114 -2- N. VICTOR GOODMAN Benesch, Friedlander, Coplan & Aronoff, L.P.A. 88 East Broad Street - 9th Floor Columbus, Ohio 43215-3506 For Appellee State of Ohio: MICHAEL D. ALLEN Assistant Attorney General Labor Relations Section 140 E. Town Street, 9th Floor Columbus, Ohio 43215-6001 For Plaintiff Cleveland Building JOYCE GOLDSTEIN and Construction Trades Council: Goldstein & Roloff 1440 The Leader Building 526 Superior Avenue, East Cleveland, Ohio 44114-1401 For Defendant Cuyahoga County KATHLEEN A. MARTIN Board of Commissioners: Litigation Manager, Civil Division Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For Plaintiff International Union WILLIAM I. FADEL of Operating Engineers: Fadel & Beyer 1340 Sumner Court Cleveland, Ohio 44115 -3- TERRENCE O'DONNELL, PRESIDING JUDGE: Appeal of Ohio Associated Builders and Contractors, Inc. as a proposed intervenor is hereby dismissed as moot as the trial court has now adjudicated the underlying case; no stay having been sought or obtained. See State ex rel. U.S. Steel Corp. v. Ross (1986), 22 Ohio St.3d 85. Appeal dismissed. -4- It is ordered that appellees recover of intervenor-appellant costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. ANNE L. KILBANE, 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). .