COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68839 : ACCELERATED DOCKET FRANCIS E. GAUL : : JOURNAL ENTRY Plaintiff-Appellee : : and -vs- : : OPINION : ISMAIL ABDULLAH AKA : NATHANIEL HOLMES : PER CURIAM : Defendant-Appellant : : DATE OF ANNOUNCEMENT OCTOBER 5, 1995 OF DECISION: CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 221397 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: WILLIAM COYNE, ESQ. ISMAIL ABDULLAH, Pro Se Assistant County Prosecutor 10835 Tacoma Avenue 8th Floor Justice Center Cleveland, Ohio 44108 1200 Ontario Street Cleveland, Ohio 44113 - 2 - PER CURIAM: This appeal was filed and briefed as an accelerated appeal pursuant to Local App.R. 25. Defendant-appellant Ismail Abdullah aka Nathaniel Holmes appeals from a judgment denying his motion to vacate. His sole assignment of error and his brief's entire text is as follows: ISMAIL ABDULLAH SAY THAT ISMAIL ABDULLAH IS THE SUCCESSOR OF THE HONORABLE ELIJAH MUHAMMAD AND THE CHOSEN ONE AND THE IS NOT LIABLE FOR TAX. [sic] For the reasons set forth below, we affirm the decision of the trial court. This appeal arises out of a foreclosure action instituted by plaintiff-appellee, Francis E. Gaul, as Treasurer of Cuyahoga County, for the collection of delinquent taxes for property located at 10835 Tacoma Avenue in the city of Cleveland. A judgment of foreclosure was entered in favor of Cuyahoga County and ordered into execution. The property in question was sold to a private purchaser in a foreclosure sale and the trial court journalized the confirmation of sale. Abdullah moved to vacate the judgment and set aside the foreclosure sale. The motion was overruled, and this appeal followed. Motions to vacate are governed by Civ.R. 60(B). In order to prevail on a Civ.R. 60(B) motion to vacate, a movant must demonstrate "(1) the party has a meritorious defense or claim, (2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B), and (3) the motion is timely made." GTE Automatic - 3 - Electric, Inc. v. ARC Industries (1976), 47 Ohio St.2d 146. The motion must also be supported by evidentiary materials and operative facts which demonstrate the moving party is entitled to relief and not mere allegations or conclusions. E.g. Adomeit v. Baltimore (1974), 39 Ohio App.2d 97. In this case, Abdullah failed to set forth any evidence in support of his motion. Accordingly, he failed to demonstrate he was entitled to relief under Civ.R. 60(B), and the motion was properly denied. Judgment affirmed. - 4 - It is ordered that Appellee recover of Appellant his costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas 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. PATRICIA ANN BLACKMON, PRESIDING JUDGE JAMES M. PORTER, JUDGE TIMOTHY E. MCMONAGLE, 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 journaliza- .