[Cite as In re D.N., 2011-Ohio-2932.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION 

No. 96025

IN RE: D.N.

A Minor Child

JUDGMENT: 

DISMISSED

Civil Appeal from the 

Cuyahoga County Court of Common Pleas 

Juvenile Division 

Case No. DL 10116176 

BEFORE: Rocco, J., Jones, P.J., and Keough, J. 

RELEASED AND JOURNALIZED: June 16, 2011 

-iATTORNEYS FOR APPELLANT 
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Timothy Young 

State Public Defender 

BY: Sheryl A. Trzaska 

Assistant State Public Defender 

Office of the Ohio Public Defender 

250 East Broad Street, Suite 1400 

Columbus, Ohio 43215 

ATTORNEYS FOR APPELLEE, 

STATE OF OHIO

William D. Mason 

Cuyahoga County Prosecutor 

BY: Milko Cecez 

Assistant Prosecuting Attorney 

Juvenile Division 

2210 Cedar Road, 3rd Floor 

Cleveland, Ohio 44115 

KENNETH A. ROCCO, J., 

{¶ 1} Appellant D.N.1 appeals from the order of the Cuyahoga County 

Court of Common Pleas, Juvenile Division, adjudging her a delinquent. We 

find the juvenile court’s order is not final and appealable. Therefore, we 

must dismiss this appeal. 

 1

The parties are not referred to by their names because it is this court’s policy to protect the 

privacy of children. 
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{¶ 2} On September 3, 2010, a complaint was filed against appellant, a 

seventeen-year-old child, alleging she was delinquent by reason of having 

committed acts which, if committed by an adult, would constitute two 

felonious assaults with a hammer in violation of R.C. 2903.11(A)(2), one 

against her mother and one against her guardian. The complaint also 

alleged that appellant committed an act, which, if committed by an adult, 

would constitute the offense of domestic violence in violation of R.C. 

2919.25(A), against another family member of her household. D.N. denied 

the allegations in the complaint and the case proceeded to an adjudicatory 

hearing on September 21, 2010. 

{¶ 3} Following the hearing, and in its entry journalized on September 

28, 2010, the juvenile court found “the allegations of the complaint have been 

proven beyond a reasonable doubt.” Therefore, the court adjudicated 

appellant a delinquent. 

{¶ 4} On October 19, 2010, the juvenile court issued its dispositional 

order and committed D.N. to the Ohio Department of Youth Services (ODYS) 

for a minimum of 12 months for one count of felonious assault with a 

maximum period not to exceed the child’s attainment of the age of twenty-one 

years. The judgment order was silent as to appellant’s other adjudications of 

delinquency in this case. 
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{¶ 5} “A court of appeals has no jurisdiction over orders that are not 

final and appealable.” State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 

897 N.E.2d 163, ¶ 6. This court, as well as others in this state, have held 

that “a juvenile court must render a disposition as to each count for which a 

juvenile is adjudicated delinquent. To hold otherwise would risk leaving 

issues unresolved.” In re A.H., Cuyahoga App. No. 2011-Ohio-2039; In re 

D.M., Cuyahoga App. No. 95386, 2011-Ohio-2036. See, also, In re S.S., 

Summit App. No. 24565, 2009-Ohio-4515; In re Huckleby, Defiance App. No. 

4-06-40, 2007-Ohio-6149. The juvenile court’s entry here did not dispose of 

the domestic violence or other felonious assault counts of delinquency. 

Therefore, we must dismiss this appeal. 

It is ordered that appellant pay the costs herein taxed. 

The court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate be sent to said court 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. 

_________________________________ 

KENNETH A. ROCCO, JUDGE 

LARRY A. JONES, P.J., and 

KATHLEEN ANN KEOUGH, J., CONCUR 
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