JOURNAL ENTRY AND OPINION{¶ 1} Sua sponte, we dismiss the appeal for lack of a final appealable order. Claims remain pending. See Civ. R. 54(B) and R.C. 2505.02.

Appeal dismissed

It is ordered that appellee recover of appellant his costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. .

ANN DYKE, JUDGE, J., and JAMES J. SWEENEY, J., CONCUR.

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