COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 83459
 
 
IN THE MATTER OF:                 :
   N.B., ET AL.                   :
                                  :     ACCELERATED DOCKET
                                  :
                                  :        JOURNAL ENTRY
                                  :
                                  :             AND
                                  :
                                  :           OPINION
 
 
Date of Announcement
  of Decision:                    FEBRUARY 26, 2004
 
 
Character of Proceeding:          Civil appeal from
                                  Court of Common Pleas
                                  Juvenile Court Division
                                  Case Nos. 0090003 and
                                  0090004
 
 
Judgment:                         Appeal dismissed.
 
 
Date of Journalization:
 
 
Appearances:
 
For Appellant Cuyahoga            WILLIAM D. MASON, ESQ.
County Department of              Cuyahoga County Prosecutor
Children and Family               JOSEPH C. YOUNG, ESQ.
Services:                         DEBRA A. OBED, ESQ.
                                  AMY L. CARSON, ESQ.
                                  Assistant Prosecuting Attorneys
                                  3343 Community College Avenue
                                  Corr. F.
                                  Cleveland, Ohio 44115
 
For Appellee B.B.:                DOUGLAS C. BLACKBURN, ESQ.
                                  24441 Detroit Rd., #200
                                  Westlake, Ohio 44145
 
                                  [continued on next page]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                      -2-
 
 
Guardian Ad Litem:       JEAN M. BRANDT, ESQ.
                         1028 Kenilworth Avenue
                         Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
 
 
 
JAMES J. SWEENEY, J.:
 
    This appeal is before the Court on the accelerated docket
 
pursuant to App.R. 11.1 and Loc. App.R. 11.1.
 
    This appeal is dismissed sua sponte for lack of a final
 
appealable order pursuant to R.C. 2505.02. The order appealed
 
from, inter alia, orders the children returned to this jurisdiction
 
pending a hearing upon appellant 's second motion for permanent
 
custody. The trial court denied appellant     's first motion for
 
permanent custody, which this Court affirmed in In Re: N.B.,
 
Cuyahoga App. No. 81392, 2003-Ohio-3656. Thus, the order to return
 
the children to this jurisdiction in order to determine the best
 
interests of the children pending a hearing on appellant        's
 
successive motion for permanent custody is not a final appealable
 
order under R.C. 2505.02.
 
    For the foregoing reason, this appeal is dismissed. The
 
parties may move to reinstate this action within 30 days of
 
obtaining a final appealable order.
 
    Appeal dismissed.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                  -4-
 
     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 Pleas Juvenile Court 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.
 
 
PATRICIA A. BLACKMON, P.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).
 
 
 
.