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In the Matter of N.B.

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Feb 26, 2004
2004 Ohio 859 (Ohio Ct. App. 2004)

Opinion

No. 83459.

Date of Announcement of Decision: February 26, 2004.

Civil appeal from Court of Common Pleas Juvenile Court Division Case Nos. 0090003 and 0090004.

Appeal dismissed.

William D. Mason, Esq., Cuyahoga County Prosecutor, Joseph C. Young, Esq., Debra A. Obed, Esq., Amy L. Carson, Esq., Assistant Prosecuting Attorneys, 3343 Community College Avenue, Corr. F., Cleveland, Ohio 44115, for Appellant Cuyahoga County Department of Children and Family Services.

Douglas C. Blackburn, Esq., 24441 Detroit Rd., #200, Westlake, Ohio 44145, for Appellee B.B.

Jean M. Brandt, Esq., 1028 Kenilworth Avenue, Cleveland, Ohio 44113, Guardian Ad Litem.


JOURNAL ENTRY AND OPINION


{¶ 1} This appeal is before the Court on the accelerated docket pursuant to App.R. 11.1 and Loc.App.R. 11.1.

{¶ 2} 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.

{¶ 3} 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.

{¶ 4} The appeal is dismissed.

Appeal dismissed.

Patricia A. Blackmon, P.J., and Kenneth A. Rocco, J., concur.

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.


Summaries of

In the Matter of N.B.

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Feb 26, 2004
2004 Ohio 859 (Ohio Ct. App. 2004)
Case details for

In the Matter of N.B.

Case Details

Full title:In the Matter of: N.B., et al

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Feb 26, 2004

Citations

2004 Ohio 859 (Ohio Ct. App. 2004)