[Cite as Vargo v. Cleveland, 2011-Ohio-6297.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 96957

KAREN VARGO PLAINTIFF-APPELLEE vs. CITY OF CLEVELAND, ET AL.

DEFENDANTS-APPELLANTS

JUDGMENT: DISMISSED

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-727094 2

BEFORE: Celebrezze, P.J., Jones, J., and Cooney, J.

RELEASED AND JOURNALIZED: December 8, 2011 ATTORNEYS FOR APPELLANTS Barbara A. Langhenry Interim Director of Law By: Joseph F. Scott Chief Assistant Director of Law Stacey E. Fernengel Assistant Director of Law City of Cleveland Department of Law Lakeside Avenue Room 106 Cleveland, Ohio 44114-1077

ATTORNEYS FOR APPELLEE Christian R. Patno Daniel M. Singerman McCarthy, Lebit, Crystal & Liffman Co., L.P.A.

101 West Prospect Avenue Suite 1800 Cleveland, Ohio 44115 FRANK D. CELEBREZZE, JR., P.J.: {¶ 1} This cause was before us on appeal of defendant-appellant, the city of Cleveland. On November 29, 2011, a joint stipulation dismissing the appeal pursuant to App.R. 28 was filed by the parties (Motion No. 449864 is granted).

{¶ 2} Accordingly, this appeal is dismissed. 3 It is ordered that appellee recover from appellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

FRANK D. CELEBREZZE, JR., PRESIDING JUDGE LARRY A. JONES, J., and COLLEEN CONWAY COONEY, J., CONCUR