COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 79073 MARY CLARE CONNOLE : : ACCELERATED DOCKET Plaintiff-Appellee : : JOURNAL ENTRY -vs- : : AND JAMES PATRICK CONNOLE, ET AL. : : OPINION Defendant : : [APPEAL BY: US COMMUNICATIONS : AND ELECTRIC, INC. : : Defendant-Appellant] : Date of Announcement of Decision: MAY 24, 2001 Character of Proceeding: Civil appeal from Court of Common Pleas Domestic Relations Division Case No. D-275601 Judgment: Appeal dismissed. Date of Journalization: Appearances: For Plaintiff-Appellee: BRIAN M. URBAN, ESQ. BRIDGETTE P. WINKLER, ESQ. 600 Standard Building 1370 Ontario Street Cleveland, Ohio 44113-1752 [continued on next page] For Defendant-Appellant MARK L. RODIO, ESQ. US Communications and Thompson, Hine & Flory, L.L.P. Electric, Inc.: 3900 Key Center 127 Public Square Cleveland, Ohio 44114-1216 -2- JAMES J. SWEENEY, J.: This case is dismissed sua sponte for lack of a final appealable order pursuant to R.C. 2505.02. First, the trial court's January 3, 2001 order requiring US Communications and Electric, Inc. to provide responses to Mrs. Connole's request for production of documents is not a provisional remedy within the meaning of R.C 2505.02(A)(3) because the requests do not pertain to privileged matter. Mr. Connole's claim that the information sought is privileged because it constitutes trade secrets is not supported by the definition of a trade secret in R.C. 1333.61(D). Thus, the order is not final, and this court has no jurisdiction over the appeal. The motion to dismiss the appeal filed by Mrs. Connole is granted. Appeal dismissed. -3- It is ordered that appellee recover of appellant her costs herein taxed. It is ordered that a special mandate issue out of this Court directing the Court of Common Plea Domestic Relations 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. DIANE KARPINSKI, A.J., and KENNETH A. ROCCO, J., CONCUR. JAMES J. SWEENEY JUDGE 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. 112, Section 2(A)(1). .