COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
 
                           NO. 85559
 
 
 
IN RE:                         :
    T. W., ET AL.              :
                               :          JOURNAL ENTRY
                               :
                               :               and
                               :
                               :             OPINION
                               :
                               :
 
 
DATE OF ANNOUNCEMENT                  JUNE 23, 2005
OF DECISION:
 
CHARACTER OF PROCEEDING:       Civil appeal from
                               Juvenile Court Division of
                               Common Pleas Court
                               Case No. 9414991
 
JUDGMENT:                      Dismissed.
 
DATE OF JOURNALIZATION:
 
APPEARANCE:
 
For Appellant:                 DONALD E. HOWARD
                               3530 Warrensville Center Road
                               Suite 221
                               Shaker Heights, Ohio 44122
 
C.C.D.C.F.S.:                  YVONNE C. BILLINGSLEY
                               3955 Euclid Avenue
                               Cleveland, Ohio 44115
 
For Guardian Ad Litem:         HENRY FREEMAN
                               815 Superior Avenue
                               Superior Building, #300
                               Cleveland, Ohio 44114
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
PATRICIA ANN BLACKMON, A.J.:
 
    This court previously dismissed this appeal for lack of a
 
final appealable order; the trial court had failed to rule on three
 
motions. One of the motions was a request for findings of facts
 
and conclusions of law.
 
    This appeal again claims the trial court had failed to make
 
findings of fact and conclusions of law. A review of the October
 
26, 2004 journal entry showed the trial court ruled on the three
 
motions and held the findings of fact and conclusions of law motion
 
moot. We can only glean from the record that the trial court
 
believed the magistrate's report was sufficient. After a review of
 
the report, we conclude the report is insufficient as a matter of
 
law. See Civ.R. 52, and In re: Adoption of Gibson (1986), 23 Ohio
 
St.3d 170, 172, 23; Blue Chip Pavement Maintenance Inc. v. Ryan's
 
Family Steak Houses (June 28, 2004), 12th Dist. No. CA2003-09-072,
 
2004-Ohio-3357.
 
    Additionally, we note the trial court did give appellants-
 
grandparents time to file findings of fact and conclusions of law,
 
which were filed. Under Civ.R. 52, this is insufficient. The rule
 
mandates "only those findings of fact and conclusions of law made
 
by the court shall form part of the record." (Emphasis added.)
 
    We hereby order the trial court to issue findings of fact and
 
conclusions of law within twenty (20) days of this journal entry.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
 
 
     This appeal is dismissed.
 
     It is ordered that appellee recover from appellants his costs
 
herein taxed.
 
     A certified copy of this entry shall constitute the mandate
 
pursuant to Rule 27 of the Rule of Appellate Procedure.
 
 
 
ANTHONY O. CALABRESE, JR., J., and
 
MICHAEL J. CORRIGAN, J., CONCUR.
 
 
 
 
                                      PATRICIA ANN BLACKMON
                                       ADMINISTRATIVE 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. II, Section
2(A)(1).
 
.