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             COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 70962
ALICE S. HARRIS, ET AL.            :
                                   :
        Plaintiffs-Appellants      :
                                   :      JOURNAL ENTRY
     -vs-                          :           AND
                                   :         OPINION
MT. SINAI MEDICAL CENTER, ET AL.   :
                                   :
        Defendants-Appellees       :
                                   :
DATE OF ANNOUNCEMENT               APRIL 10, 1997
  OF DECISION                      
CHARACTER OF PROCEEDING            Civil appeal from
                                   Court of Common Pleas
                                   Case No. 273729
JUDGMENT                           Appeal dismissed.
DATE OF JOURNALIZATION                                  
APPEARANCES:
For Plaintiffs-Appellants:         For Defendants-Appellees Mt.
                                   Sinai Medical Center, K. Rao,
KOJO O. AGYEMAN, ESQ.              M.D. and J. Evans, R.N.:
Agyeman & Agyeman                  
350 Park Plaza                     STEVEN W. ALBERT, ESQ.
1111 Chester Avenue                ANDREW S. POLLIS, ESQ.
Cleveland, Ohio 44114-3516         SHARON A. RIEGEL, ESQ.
                                   Hahn Loeser & Parks, L.L.P.
                                   3300 BP America Building
                                   200 Public Square
                                   Cleveland, Ohio 44114-2301
                                   [continued on next page]
                                   For Defendants-Appellees
                                   Deborah Clark, M.D., Hough 
                                   Norwood Managed Care and 
                                   Cleveland Neighborhood Health
                                   Services, Inc.:
                                   MARK W. GROEDEL, ESQ.
                                   BRIAN D. SULLIVAN, ESQ.
                                   Reminger & Reminger Co., L.P.A.
                                   113 St. Clair Building
                                   Cleveland, Ohio 44114
                               - 3 -
JAMES M. PORTER, J., 
     Plaintiffs-appellants  Alice  S. Harris,  Individually  and as
Administratrix  of  the  Estate  of  Johnny Lee  Harris  Stoudmire,
Deceased, and Johnny Lee Stoudmire,  father of the deceased, appeal
from  the  jury  verdict  and  rulings  in  favor  of   defendants-
appellants Mt. Sinai  Medical Center,  its resident physician,  Dr.
Kenny Rao and   J. Evans, R.N.  Plaintiffs also appeal from summary
judgment entered  in favor  of defendants-appellees  Deborah Clark,
M.D.  and  Hough Norwood  Managed  Care and  Cleveland Neighborhood
Health Services, Inc.   Since the record  does not contain a  final
appealable order, we are compelled to dismiss the appeal. 
     After plaintiffs'  opening statement,  the  parties agreed  to
dismiss  defendant  Dr.  Carol  Gilles   without  prejudice.    The
following statement appears on the record:
          Mr. Albert:  *** At  the sidebar and during the
          afternoon  recess,  the  defense  moved  for  a
          directed verdict on  behalf of Dr. Gilles.   In
          subsequent    discussions   with    Plaintiff's
          counsel,   Plaintiff's   counsel    agreed   to
          involuntary  dismissal,  without  prejudice, of
          Dr. Gilles.  Is that correct?
          Ms.   Agyekum:     Without   prejudice;  that's
          correct.
This is all  that appears on the record regarding  the dismissal of
Dr. Gilles.  
     Pursuant to Civ.R. 41(A)(1), a  dismissal by agreement of  the
parties can only  be done without order  of the court "at  any time
before  the  commencement of  trial."   The  dismissal in  the case
herein  occurred after the commencement of trial and therefore must
                               - 4 -
be dismissed by  order of  the court pursuant  to Civ.R.  41(A)(2).
Lilly  v.  Lilly  (1985), 26  Ohio  App.3d  192,  193; Douthitt  v.
Garrison (1981), 3 Ohio App.3d 254, 256.  
     Without a journalized  order dismissing  Dr. Gilles the  claim
against her is still outstanding.  Until Dr. Gilles is dismissed by
court order  or an  entry specifying  "no just  reason for  delay,"
pursuant  to  Civ.R.  54(B),  this   court  lacks  jurisdiction  to
entertain the plaintiffs' appeal.  Watt v. Ford Motor Co.  (June 2,
1994), Cuyahoga  App.  No. 64848,  64849, 65053,  65053 and  65055,
unreported. 
     Appeal dismissed for lack  of a final appealable order.   Case
to be reinstated at earliest feasible time.
                               - 5 -
     It is ordered that  appellees recover of appellants its  costs
herein taxed.  
     It is ordered that  a special mandate issue out  of this Court
directing the 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.  
JAMES D. SWEENEY, C.J., and
PATTON, J., CONCUR.        
JAMES M. PORTER
                                               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
.

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