REILLY, J.
The state of Ohio, appellee in this case, has filed a motion to dismiss, as follows:
"Now comes the State of Ohio, plaintiff-appellee, and moves the Court to dismiss the within appeal as not being a final appealable judgment or order under Article IV, Section 3(B)(2) of the Constitution of the State of Ohio."
The trial court's judgment entry reads as follows:
"This cause came on to be heard by the Court, the defendant having waived...
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