COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 70318 LUCETCERA ADAMS-PEEK, : ACCELERATED DOCKET : : JOURNAL ENTRY Plaintiff-Appellee : : AND v. : : OPINION ELLIS PEEK, JR., : : PER CURIAM : Defendant-Appellant : DATE OF ANNOUNCEMENT OF DECISION: JUNE 13, 1996 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court -- Domestic Relations Division Case No. D-240806 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: Susan P. Stauffer Legal Aid Society 1223 West Sixth Street Cleveland, Ohio 44113 For defendant-appellant: Ellis Peek, Jr., Pro Se #234-343 Lorain Correctional Institute 2075 S. Avon-Belden Road Grafton, Ohio 44044 -2- PER CURIAM: Appellant's assignment of error is overruled. The trial court did not err in refusing to dismiss the complaint for failing to provide timely service, because plaintiff-appellee made diligent efforts to obtain service. See Civ.R. 4(E), Bentz v. Carter (1988), 55 Ohio App.3d. 120. Accordingly, the decision of the trial court is affirmed. -3- It is ordered that appellee recover of appellant her 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 -- Domestic Relations Division 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. LEO M. SPELLACY, CHIEF JUSTICE DAVID T. MATIA, 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. .