COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68420
SANDRA VIETS                  :
                              :       ACCELERATED
        Plaintiff-appellant   :
                              :      JOURNAL ENTRY
     -vs-                     :           AND
                              :         OPINION
WILLIAM JOSEPH                :
                              :        PER CURIAM
        Defendant-appellee    :
                              :
DATE OF ANNOUNCEMENT
  OF DECISION:                     JULY 20, 1995        
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Cleveland Municipal Court
                                   Case No. 93-CVG-27433
JUDGMENT:                          Reversed and Remanded.
DATE OF JOURNALIZATION:                                
APPEARANCES:
For Plaintiff-Appellant:           For Defendant-Appellee:
SCOTT R. STEFL, ESQ.               PAUL B. DAIKER, ESQ.
7844 Lakeshore Blvd.               ZUCKERMAN & ASSOCIATES
Mentor, Ohio  44060                160 Signature Square I
                                   25201 Chagrin Boulevard
                                   Cleveland, Ohio  44122
                               - 2 -
PER CURIAM:
     Appellant filed a motion for summary judgment on her complaint
for eviction and appellee's counterclaim on October 4th, 1994.  The
court's  journal entry,  dated  November 23rd,  granted appellant's
motion for  summary judgment and awarded her  $4,095.00 plus costs.
The  court  also  granted appellant  leave  to  file  a motion  for
attorney fees, specifying the basis for such an award.  This motion
and a  motion for  sanctions were  filed by  appellant on  November
28th. 
     Appellant argued  in her motions that appellee and his counsel
engaged in conduct which was frivolous, unwarranted and imposed for
purposes of delay.   As an example of this conduct, appellant cited
appellee's  asserted  defense of  the  existence  of an  oral  land
contract between the parties.   The law in Ohio  does not recognize
oral  land   contracts;  therefore  this  defense   was  frivolous,
according  to  appellant.    As  further  examples  of  unwarranted
conduct, appellant  cited  the basis  of  appellee's  counterclaim.
Appellee asserted claims that he was owed  compensation for repairs
he made to the  premises and that appellant engaged  in retaliatory
conduct in rendering the premises uninhabitable.
      Both motions  were  denied by  the  court on  December  16th,
without a hearing.
      Appellant filed a timely appeal from the judgment denying her
motions for attorney fees and  sanctions, asserting two assignments
of error.
                               - 3 -
                                 I
   THE TRIAL COURT ERRED IN DENYING PLAINTIFF-APPELLANT'S MOTION
   FOR IMPOSITION OF SANCTIONS AND REQUEST FOR AWARD OF ATTORNEY
   FEES.
                                 II
   THE TRIAL COURT  ABUSED ITS DISCRETION BY  DENYING PLAINTIFF-
   APPELLANT'S MOTION  FOR SANCTIONS  AND  REQUEST FOR  ATTORNEY
   FEES WITHOUT  HEARING AND WITHOUT STATING ANY REASON FOR SAID
   DENIAL.
      As appellant's second  assignment of error is  dispositive of
this appeal, we  will address its  merits.  Appellant asserts  that
R.C. 2323.51  requires a  court to conduct  a hearing on  a party's
motion for attorney fees  before rendering a ruling on  the motion.
Appellant's assertion is well taken.
     R.C. 2323.51(B)(2) allows an award of attorney fees only after
the trial court  has conducted a full  hearing on the motion.   The
appellate  courts  appear  to be  split  as  to  whether this  rule
requires a hearing regardless of the court's ultimate ruling on the
motion.  However, this Court is bound by our  prior decisions which
require an evidentiary hearing once  a motion is filed.   Barney v.
Fortuna (Jan. 19, 1995), Cuyahoga  App. No. 67429, unreported;  St.
Clair Builders, Inc.  v. Aetna  Casualty and Surety  Co. (July  28,
1994), Cuyahoga App. No. 65893, unreported;  Belfiore v. Natl. Eng.
& Contracting Co. (1991), 71 Ohio App.3d 142.
     Appellant's  second  assignment of  error  is sustained.   The
trial  court  abused  its  discretion  by ruling  upon  appellant's
motions without holding an evidentiary hearing.  The court's ruling
denying the motions for sanctions and attorney fees is reversed. 
                               - 4 -
     This  cause is remanded  to the trial  court for  a hearing on
appellant's motions.
     It is therefore  considered that said appellant(s)  recover of
said appellee(s) her costs herein.
     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.
                              ______________________________
                              ANN DYKE, PRESIDING JUDGE
                              ______________________________
                              JOSEPH J. NAHRA, JUDGE
                              ______________________________
                              DIANE KARPINSKI, JUDGE
N.B.  This entry  is made  pursuant to  the third sentence  of Rule
22(D), Ohio Rules of Appellate Procedure.   This is an announcement
of decision (see Rule 26).  Ten (10) days from the date hereof this
document will be  stamped to indicate journalization, at which time
.