COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79955
MIDWEST FIREWORKS MANUFACTURING:
    CO.                       :
                              :
     Plaintiff-appellant      :
                              :          JOURNAL ENTRY
     vs.                      :               and
                              :             OPINION
ALBERT GIBEL, et al           :
                              :
     Defendants-appellees     :
                              :
DATE OF ANNOUNCEMENT
OF DECISION                   :    APRIL 18, 2002
CHARACTER OF PROCEEDING       :    Civil appeal from
                              :    Cuyahoga County Court of
                              :       Common Pleas
                              :    Case No. 367569
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :
APPEARANCES:
For plaintiff-appellant:      JOSEPH A. PFUNDSTEIN
                              Attorney at Law
                              Malek, Pfundstein & Dean
                              24100 Chagrin Boulevard. #330
                              Beachwood, Ohio  44122
For defendant-appellees       GEORGE R. GIBEL
    Albert Gibel:             STANLEY L. JOSSELSON
                              Attorneys at Law
                              1276 West 3rd Street
                              Cleveland, Ohio  44113
                                   (Continued)
                               -2-
APPEARANCES (Cont.):
                              ALBERT GIBEL, pro se
                              4389 West 145th Street
                              Cleveland, Ohio  44135
For defendant-appellee        DEBRA LINN TALLEY
    Cuyahoga County Board     Assistant Prosecuting Attorney
    of Revision:              1641 Payne Avenue, #520
                              Cleveland, Ohio  44114
For defendant-appellee        CHARLES E. HANNAN, JR.
    Bridget McCafferty,       Assistant County Prosecutor
    Judge:                    Justice Center, 8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
                               -3-
JUDGE TERRENCE O'DONNELL:
     Midwest Fireworks Manufacturing Co, Inc. appeals from a July
3, 2001 order of the common pleas court finding Larry Lomaz/Midwest
Fireworks in  direct  contempt of  court after  Lomaz,  Midwest's
representative, failed to appear in court for a scheduled hearing.
The court issued a bench warrant for Larry Lomaz, sentenced him to
thirty days  in jail,  and fined  him $250;  the court,  however,
imposed no sanction or penalty against Midwest Fireworks Manufac-
turing Co., Inc.
      Because  a contempt  order consists  of both  a finding  of
contempt and the imposition of a penalty or a sanction, a ruling on
contempt is not a final appealable order unless there is a finding
of contempt and a sanction or penalty has been imposed.  See Chain
Bike v. Spoke'n Wheel, Inc. (1979), 64 Ohio App.2d 62, 410 N.E.2d
802; Cooper v. Cooper (1984), 14 Ohio App.3d. 327, 471 N.E.2d 525.
     In accordance with the case law authority, because the trial
court in  the instant  case has  not imposed  a sanction  against
Midwest Fireworks Manufacturing Co. Inc., the only party that has
filed a notice of appeal, we have no final appealable order as to
that party.  Accordingly, this appeal is dismissed.
     It is ordered that appellees recover of appellant their costs
herein taxed.
                               -4-
     It is ordered that a special mandate issue out of this court
directing the Cuyahoga County Court of Common Pleas 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
                                        TERRENCE O'DONNELL
ANNE L. KILBANE, P.J.   and
JAMES J. SWEENEY, 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).
 
.