Samson v. Hall, Unpublished Decision (4-30-1999)
Samson v. Hall, Unpublished Decision (4-30-1999)
Opinion of the Court
Defendant-appellant Ulysses E. Hall appeals from a judgment rendered against him in the amount of $515.00 in the Small Claims Division of the Dayton Municipal Court. Hall contends that the trial court erred by rendering judgment because he was served personally, rather than by mail. Civ.R. 4.1(B) provides for personal service. Accordingly, the trial court did not err in rendering default judgment against Hall. The judgment of the trial court is Affirmed.
The matter was set for hearing on May 27, 1998, but Hall did not appear. It appears that the hearing was held, and Samson was awarded judgment in the amount of $515.00. From the judgment against him, Hall appeals.
THE TRIAL COURT ERRED WHEN IT RELIED UPON PERSONAL SERVICE IN AWARDING DEFAULT JUDGMENT.
Hall contends that it is his understanding that court papers must be delivered to ones residence, rather than handed to one, in person, as was done in this case. Hall explains that that is why he did not appear at the hearing.
Hall cites no authority for this proposition. Civ.R. 4.1(B) provides expressly for personal service upon the person to be served, and permits the designation of a process server by order of court. The rule expressly provides that: "The person serving process shall locate the person to be served and shall tender a copy of the process and accompanying documents to the person to be served." The record reflects that service was effected in this manner in the case before us.
The balance of Hall's brief attacks the facts alleged by Samson in support of her claim. We have no transcript of the hearing at which Samson's claim was adjudicated to be worth $515.00, which is less than the amount she was seeking. In the absence of a transcript, we must presume that the evidence presented at the hearing supported the award.
Hall's Assignment of Error is overruled.
GRADY, P.J., and BROGAN, J., concur.
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