Stevenson v. Stevenson, Unpublished Decision (6-26-2000)
Stevenson v. Stevenson, Unpublished Decision (6-26-2000)
Opinion of the Court
OPINION
Appellant Thomas Stevenson appeals the decision of the Stark County Court of Common Pleas, Domestic Relations Division, on the basis that Appellee Katherine Stevenson did not properly serve him with notice of a hearing date by publication. The following facts give rise to this appeal. The parties to this appeal were divorced on September 30, 1996. On July 21, 1999, Appellee Katherine Stevenson filed a motion seeking, in part, to terminate Appellant Thomas Stevenson's companionship rights. Appellee Katherine Stevenson accomplished service of the hearing date by publication only. Appellee Stevenson did not attempt to seek actual service of the motion. The trial court conducted a hearing on Appellee Katherine Stevenson's motion on September 7, 1999. Appellant Thomas Stevenson was not present for the hearing. On October 20, 1999, the trial court filed its judgment entry terminating the companionship rights of Appellant Thomas Stevenson. Appellant timely filed a notice of appeal and sets forth the following assignments of error for our consideration:I. THE TRIAL COURT'S ORDER OF OCTOBER 20, 1999, IS VOID DUE TO A LACK OF SERVICE.
II. THE ENTRY OF THE ORDER OF OCTOBER 20, 1999 VIOLATED THE APPELLANT'S RIGHT TO PROCEDURAL DUE PROCESS.
Thus, Civ.R. 4.4 sets forth three elements an affidavit must contain before service by publication can be made: (1) residence of the defendant is unknown to the affiant; (2) all of the efforts made on behalf of the party to ascertain the residence of the defendant; and (3) the residence of the defendant cannot be ascertained with reasonable diligence. These requirements are to be strictly construed. See Northland Dodge, Inc. v. Damachi (1978),
For the foregoing reasons, the judgment of the Court of Common Pleas, Domestic Relations Division, Stark County, Ohio, is hereby reversed and remanded for proceedings consistent with this opinion.
__________________ WISE, J.
Wise, J. Farmer, P.J., and Edwards, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.