COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 83901
 
 
 
KALDAS, INC.             :             ACCELERATED DOCKET
                         :
    Plaintiff-appellee :                 JOURNAL ENTRY
                         :                    AND
       -vs-              :                  OPINION
                         :
SAMER, INC., ET AL.      :
                         :
   Defendants-appellants :
 
 
DATE OF ANNOUNCEMENT
    OF DECISION:                  AUGUST 18, 2004
 
CHARACTER OF PROCEEDING:          Civil appeal from the
                                  Court of Common Pleas
                                  Case No. CV-495037
 
JUDGMENT:                         Dismissed.
 
DATE OF JOURNALIZATION:
 
 
APPEARANCES:
 
For Plaintiff-Appellee:           NATE N. MALEK, ESQ.
                                  MALEK, DEAN & ASSOCIATES, LLC
                                  323 Lakeside Ave. West
                                  Suite 350
                                  Cleveland, Ohio 44113
 
For Defendant-Appellant:          JIHAD M. SMAILI, ESQ.
                                  1360 West Ninth Street
                                  Suite 310
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
ANN DYKE, P.J.:
 
     This appeal is before the court on the accelerated docket
 
pursuant to App.R. 11.1 and Loc. App.R. 11.1. Defendants-appellants
 
Samer's Inc., Abuasi, Inc. and Samer Abuasi ("Samer, Inc.") appeal
 
from the judgment of the trial court denying its motion for relief
 
from  judgment  in   favor  of   plaintiff-appellee  Kaldas, Inc.
 
("appellee"). For the reasons set forth below, we sua sponte
 
dismiss the appeal for lack of a final appealable order.
 
     On April 30, 2004, this court sua sponte remanded this case to
 
the trial court to clarify whether the trial court's journal entry
 
dated February 26, 2003 was intended to enter judgment against all
 
defendants or just one defendant. On May 7, 2004, the trial court
 
entered the following: "Pursuant to order of the Court of Appeals,
 
Judgment was entered against defendant Abuasi, Inc. and Samer
 
Abuasi, personally." We note, however, in derogation of Civ.R. 54
 
(B), there is no disposition in the record regarding defendant
 
Samer, Inc. Accord Convenient Food Mart v. Winfield (Feb. 18,
 
1999), Cuyahoga App. No. 74012.
 
     Appeal dismissed.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
     It is ordered that appellee recover of appellee recover of
 
appellants its costs herein taxed.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rules of Appellate Procedure.
 
Exceptions.
 
 
 
DIANE KARPINSKI, J.,        AND
 
SEAN C. GALLAGHER, J.    CONCURS
 
 
 
 
                                                 ANN DYKE
                                              PRESIDING 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. 27. 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).
 
.