COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71791 TERRY SHANE METZENBAUM : : ACCELERATED DOCKET Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION OHIO DEPARTMENT OF COMMERCE : : PER CURIAM Defendant-appellee : : DATE OF ANNOUNCEMENT OF DECISION: JULY 10, 1997 CHARACTER OF PROCEEDING: Civil appeal from Court of Common Pleas Case No. CP-CV-314146 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellant: For defendant-appellee: TERRY SHANE METZENBAUM SAMUEL H. SIMON, ESQ. 3882 Bushnell Road ASST. ATTORNEY GENERAL University Hts., Ohio 44118 State Office Tower 30 East Broad Street Columbus, Ohio 43215-3428 - 2 - PER CURIAM: Appellant, Terry Shane Metzenbaum, d.b.a. Circle Enterprises, Inc., appeals the trial court's dismissal of his administrative appeal. For the following reasons, we affirm. On July 25, 1996, the Ohio Department of Commerce Division of Licensing (appellee) issued a final order denying appellant a Class A Private Investigator/Security Guard Provider License. Appellee asserts that on August 2, appellee mailed appellant a copy of this final order. Appellee filed a letter with the court addressed to appellant and dated August 2, 1996, stating that a final order was enclosed. Appellant also filed a certified mail receipt dated August 2, and a green return receipt card signed by appellant and time-stamped August 12, 1996 by the post office. Appellant filed an appeal with the Cuyahoga County Court of Common Pleas on August 26, 1996. Appellee received a copy of the notice of appeal on August 28, 1996. On November 4, 1996, appellee filed a motion to dismiss for lack of subject matter jurisdiction, due to appellant's failure to file a timely appeal with the agency and the court within 15 days of appellee's mailing the order. See R.C. 119.12. Appellee's motion to dismiss was granted on November 19, 1996. Appellant's sole assignment of error states: THE COURT BELOW ERRED IN SUSTAINING DEFENDANT'S MOTION TO DISMISS IN THAT PLAINTIFF WAS NEVER SERVED WITH A COPY OF SAID MOTION AS REQUIRED, AND THUS PLAINTIFF NEVER HAD THE OPPORTUNITY TO RESPOND TO SAID MOTION. - 3 - Appellant never filed a Civ. R. 60(B) motion. There is no evidence in the trial court record that appellant was not served. Attached to appellee's motion to dismiss is a certificate of service, stating that a copy of the motion was sent regular mail to appellant. The certificate of service was signed by appellee's counsel. Appellee attached an affidavit of Patricia Watkins to its brief herein. This affidavit does not appear in the trial court record. The affidavit states that Patricia Watkins was a legal secretary at the Ohio Attorney General's Office, and she remembered mailing a copy of the motion to dismiss to appellant. Appellant's motion to strike this affidavit is granted. Material appended to appellate briefs which are not part of the trial court record may not be considered, pursuant to App. R. 12(A). State v. Booher (1988), 54 Ohio App.3d 1, 15, Lamar v. Marbury (1982), 69 Ohio St.2d 274. When the record reflects that the Civil Rules pertaining to service have been followed, there is a presumption of proper service. Potter v. Troy (1992), 78 Ohio App.3d 372, 377. Here, the certificate of service demonstrates that service was completed in accordance with Civ. R. 5. There is no evidence demonstrating that appellant was not served. Appellant's bare allegations in his appellate brief are not evidence, and are not sufficient to rebut the presumption of proper service. Id. Appellant has failed to show that he was not served. We cannot find that the trial court's - 4 - order granting the motion to dismiss was improper for failure of service upon appellant. Appellant moves to strike appellee's argument that the appeal was properly dismissed as untimely. According to appellant, this argument is irrelevant to his assignment of error concerning service. Appellant argues that if he was not served with the motion to dismiss, the dismissal order would have to be reversed, regardless of whether appellant demonstrated he had a colorable argument to oppose the motion. We need not address this issue, as there was no evidence that appellant was not served. Appellant does not assign as error that the decision of the trial court was contrary to law or against the weight or sufficiency of evidence. Therefore, we need not reach the issue of whether the trial court correctly dismissed the appeal as untimely. See Nye v. Fostoria Distrib. Serv. Co. (1992), 78 Ohio App.3d 319, App. R. 12(A), 16(A). Accordingly, appellant's assignment of error is overruled. The decision of the trial court is affirmed. - 5 - It is ordered that appellee recover of appellant its 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. _________________________________ JAMES D. SWEENEY, CHIEF JUSTICE _________________________________ ANN DYKE, JUDGE _________________________________ KENNETH A. ROCCO, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .