COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 78194 OHIO BULK TRANSFER CO., INC. : : Plaintiff-appellant : : JOURNAL ENTRY vs. : and : OPINION S.E. JOHNSON COMPANIES, INC. : : Defendant-appellee : : DATE OF ANNOUNCEMENT OF DECISION : APRIL 26, 2001 CHARACTER OF PROCEEDING : Civil appeal from : Court of Common Pleas : Case No. 392,661 JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: MARVIN L. KARP STUART A. LAVIN EDWARD P. SIMMS Attorneys at Law Ulmer & Berne 900 Bond Court Building 1300 East Ninth Street Cleveland, Ohio 44114-1583 (Continued) -2- APPEARANCES (Continued): For defendant-appellee: JACK ZOUHARY Attorney at Law S.E. Johnson Companies, Inc. 1345 Ford Street P.O. Box 29A Maumee, Ohio 43537 -3- KENNETH A. ROCCO, J.: This case is before the court on appeal from a purportedly final judgment for defendant-appellee S.E. Johnson Companies, Inc. following a jury trial. Appellant's sole assignment of error con- tends that the trial court erred by granting Johnson's motion for a directed verdict as to plaintiff-appellant's claim for unjust enrichment. On March 2, 2001, this court entered an order directing the trial court to supplement the record with a signed and journalized entry documenting its oral ruling directing the verdict for Johnson on the unjust enrichment claim. The trial court has not complied with this order to date, although it was directed to return the corrected record to this court within thirty days. A court of record speaks only through its journal, not by oral pronouncements. Schenley v. Kauth (1953), 160 Ohio St. 109, para- graph one of the syllabus. Under Civ.R. 58(A), [a] judgment is effective only when entered by the clerk upon the journal. Here, there is no entry granting judgment on appellant's claim for unjust enrichment. As this is the only purportedly final order challenged by appellant's assignments of error,1 we must dismiss this appeal for lack of a final order. See Production Credit Association v. Dryak (June 13, 1988), Highland App. No. 633, unreported. 1The trial court made no determination that there was no just reason for delay in entering final judgment on the jury's verdict. Hence, its entry on the jury's verdict also was not final and appealable pursuant to Civ.R. 54(B). -4- Appeal dismissed. -5- This cause is dismissed. It is, therefore, considered that said appellee recover of said appellant its costs herein. It is ordered that a special mandate be sent to 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. DIANE KARPINSKI, A.J. and PATRICIA A. BLACKMON, J. CONCUR JUDGE KENNETH A. ROCCO 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). .