COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 78798 IN RE: DONTE HARRIS, a Minor : JOURNAL ENTRY : Appellant : and : : OPINION DATE OF ANNOUNCEMENT OF DECISION : SEPTEMBER 27, 2001 CHARACTER OF PROCEEDING : Civil appeal from : Cuyahoga County Court of : Common Pleas : Juvenile Division : Case No. 0108127 JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For appellant : PATRICIA KOCH WINDHAM Assistant Public Defender 1200 West Third Street, N.W. 100 Lakeside Place Cleveland, Ohio 44113 FELICE L. HARRIS Assistant State Public Defender 8 East Long Street, 11th Floor Columbus, OH 43266-0587 Guardian ad Litem : THOMAS J. KONET Attorney at Law 2000 Standard Building 1370 Ontario Street Cleveland, OH 44113 (Continued) APPEARANCES (Cont.) : For appellee : WILLIAM D. MASON Cuyahoga County Prosecutor ROBERT F. DiCELLO, Assistant 8th Floor - Justice Center 1200 Ontario Street Cleveland, Ohio 44113 -2- KENNETH A. ROCCO, P.J.: Appellant Donte Harris, a minor, has moved the court to dismiss his appeal. Pursuant to App.R. 28, [a]n appeal may be dismissed on motion of the appellant upon such terms as may be fixed by the court. Harris appealed from an order of the Cuyahoga County Common Pleas Court, Juvenile Division, adjudging him delinquent. The court originally committed appellant to the custody of the Ohio Department of Youth Services for a minimum of six months, based on his admission to the allegations of a complaint that charged him with felonious assault, an offense that would constitute a second degree felony if committed by an adult; receiving stolen property, an offense that would constitute a fourth degree felony if committed by an adult; and resisting arrest, an offense that would constitute a second degree misdemeanor if committed by an adult. The court subsequently amended this order to commit the minor to the ODYS for a minimum of twelve months. This court, sua sponte, raised the question of its jurisdic- tion in this matter through an order asking the parties to brief several issues. No briefs were filed by either party, but the instant motion was filed by appellant. We have serious questions whether the trial court's judgment in this case may have been void; however, appellant prefers to -3- dismiss rather than go forward on this question,1 and both parties have declined to brief the issue. While we have the power to address the matter sua sponte regardless of the parties' wishes, the thorny issues raised in this case would be better addressed in a contested case in which the parties' briefing could assist the court. Therefore, we grant appellant's motion to dismiss this appeal, expressing no opinion as to the validity of the trial court's order or our jurisdiction in this matter. This appeal is dismissed. 1The dismissal itself leaves open questions as to the effect of the underlying, potentially void, order. -4- It is ordered that appellee recover of appellants its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Cuyahoga County Court of Common Pleas, Juvenile Division, 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. JUDGE KENNETH A. ROCCO MICHAEL J. CORRIGAN, J. and TERRENCE O'DONNELL, 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). .