COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 77940 CARL GULLA : ACCELERATED DOCKET : : JOURNAL ENTRY PLAINTIFF-APPELLEE : : AND v. : : OPINION THENDESIGN ARCHITECTURE, : INC. : : DEFENDANT-APPELLANT : DATE OF ANNOUNCEMENT OF DECISION: SEPTEMBER 28, 2000 CHARACTER OF PROCEEDING: Civil appeal from Lyndhurst Municipal Court, No. 99 CVF 00375. JUDGMENT: DISMISSED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: Charles Gruenspan, Esq. Charles Gruenspan, Co., L.P.A. 900 Commerce Park Square Three 23230 Chagrin Boulevard Beachwood, OH 44122-5422 For Defendant-Appellant: Timothy G. Teresczuk, Esq. Ohio Savings Plaza 1801 East Ninth Street Suite 900 Cleveland, OH 44114 TIMOTHY E. McMONAGLE, J.: This appeal is dismissed pursuant to Civ.R. 54(B) for lack of a final appealable order. Defendant-appellant Thendesign -2- Architecture, Inc.'s counterclaim for breach of contract is still pending. -3- This appeal is dismissed. It is, therefore, ordered that appellee recover from appellant his costs herein taxed. It is ordered that a special mandate be sent to the Lyndhurst 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. TIMOTHY E. McMONAGLE JUDGE DYKE, A.J. and PATTON, 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 clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1). .