COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 68653
WM. BAILEY CONSTRUCTION COMPANY,   :  ACCELERATED DOCKET
                                   :                    
                                   :    JOURNAL ENTRY
          Plaintiff-Appellant      :                  
                                   :        AND
v.                                 :             
                                   :      OPINION
JOSEPH STAZIONE, ET AL.,           :               
                                   :     PER CURIAM
                                   :                
          Defendants-Appellees     :
DATE OF ANNOUNCEMENT 
OF DECISION:                       AUGUST 3, 1995  
CHARACTER OF PROCEEDING:           Civil appeal from
                                   Lakewood Municipal Court
                                   Case No. 93-CVI-0555
JUDGMENT:                          REVERSED.
DATE OF JOURNALIZATION:                                         
APPEARANCES:  
For plaintiff-appellant:           David J. Pasz
                                   15414 Pearl Road
                                   Strongsville, Ohio  44136  
For defendants-appellees:          Donald L. Reiman     
                                   CASSIDY & MOTTL CO., L.P.A.
                                   6285 Pearl Road, No. 8 
                                   Parma Heights, Ohio  44130
                                   Edward J. Fink
                                   4412 Krueger Avenue
                                   Parma, Ohio  44134
                                -2-
PER CURIAM:
     Plaintiff-appellant   William   Bailey   Construction  Company
appeals from  the trial court  order which  modified the  referee's
report and recommendation in this case.
     Appellant had  filed suit against  defendants-appellees Joseph
Stazione and Susan Fink for damages incurred in removing a pile  of
debris appellees  had placed  on appellant's  property.   Appellees
admitted placing debris  on appellant's  property, but objected  to
the referee's recommendation of judgment  for appellant in the full
amount of its complaint,  viz., $1,230.00.  After an  oral hearing,
the trial court reduced the amount of the judgment for appellant to
only $500.00.
     In this appeal, appellant contends  the trial court's decision
was against  the manifest weight of the evidence.   On the basis of
the  supreme court's  conclusion in  Seasons Coal Co.  v. Cleveland
(1984), 10 Ohio St.3d 77, this court agrees with appellant that the
facts of this case present a proper basis for reversal. 
     The record reveals appellant presented  three witnesses on its
behalf who testified that it cost a reasonable  fee of $1,230.00 to
remove the pile  of debris.   Their testimony  was corroborated  by
documentary and photographic evidence.
     Appellee  Joseph  Stazione,  on the  other  hand,  although he
disputed the  amount of  damages appellant  requested by  asserting
some of the items in the pile were placed there by others, admitted
that he "pushed" debris onto appellant's  property with a "bobcat,"
did not dispute that it had remained there for over a  year despite
                                -3-
his promises to appellant to  remove it, and could state  only that
he believed perhaps "five  percent" of the pile that  existed there
was not his debris.
     Thus,   the  trial   court  provided   with  testimonial   and
documentary  evidence  which provided  a  basis for  calculation of
appellant's damages.  See,  e.g., Tokles & Son, Inc.  v. Midwestern
Indemn. Co. (1992), 65  Ohio St.3d 621.  However, a  perusal of the
trial court's  reasoning for altering  the referee's recommendation
reveals the trial court  did not base its decision  on the evidence
presented but simply  chose an arbitrary  figure which was  totally
unsupportable.    Cooper v.  Feeney  (1986),  34 Ohio  App.3d  282;
Channel Dry v. Haver (1990), 70 Ohio App.3d 197.
     The  manifest  weight of  the evidence  demonstrated appellant
expended $1,230.00 to remove the debris  only five percent of which
was  not  appellees'.    Under  the  circumstances  of  this  case,
therefore, it is a proper one for reversal based upon App.R. 12(C).
Southside  Service Company, Inc. v. Monarch Steel Company (April 2,
1992), Cuyahoga App.  No. 60210, unreported.   See, also, Southside
Service  Company, Inc.  v. Monarch Steel  Company (Sept.  1, 1994),
Cuyahoga App. No.  66130, unreported.  Cf.  Holmes Construction Co.
v.  Three Village  Associates  (July 15,  1993), Cuyahoga  App. No.
62662,  unreported;  C.E.  Morris  Co.  v. Foley  Construction  Co.
(1978), 54 Ohio St.2d 279.
     Accordingly,  appellant's assignment  of  error is  sustained.
This  order  of the  trial  court  is reversed  and  final judgment
entered for appellant in the amount of $1,168.50.    
                                -4-
     This  cause  is  reversed  and   final  judgment  entered  for
appellant.  
     It is, therefore,  considered that  said appellant recover  of
said appellees its 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.    
                              JOHN T. PATTON, CHIEF JUSTICE        
                              ANN DYKE, JUDGE           
                              JOSEPH J. NAHRA, 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
it will become  the judgment and order of the court and time period
for review will begin to run.  
.