COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 74634
FRANK & PAULYS OF COLUMBUS,     :
  Inc.                          :
                                :       ACCELERATED DOCKET
          Plaintiff-Appellee    :
                                :         JOURNAL ENTRY
     -vs-                       :
                                :               AND
LEAHEY GEN. CONTRACTING         :
 MGT. CORP. et al.              :             OPINION
                                :
          Defendants-Appellants :
                                :
DATE OF ANNOUNCEMENT
OF DECISION:                          SEPTEMBER 2, 1999
CHARACTER OF PROCEEDING:        Civil appeal from
                                Common Pleas Court
                                Case No. CV-333076
JUDGMENT:                       Vacated and Remanded.
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellee:         FRED N. CARMEN, ESQ.
                                27800 Cedar Road
                                Beachwood, Ohio 44122
For Defendants-Appellants:      JONATHON M. YARGER, ESQ.
                                ELLEN MAGLICIC KRAMER, ESQ.
                                JAMES B. ROSENTHAL, ESQ.
                                Kohrman, Jackson & Krantz
                                One Cleveland Center, 20th Fl.
                                1375 East Ninth Street
                                Cleveland, Ohio 44114
                                HENRY L. REDER, ESQ.
                                25550 Chagrin Blvd., Ste. 202
                                Beachwood, Ohio 44122
                               -2-
PATRICIA ANN BLACKMON, J.:
     This accelerated appeal raises  the issue whether the  trial
court erred in granting plaintiff-appellee Frank & Paulys' motion
for default judgment when the defendant-appellant Patrick  Leahey
had not received service of the motion for default judgment.   In
this case, appellee filed its motion for default judgment on March
11, 1998.   The trial  court scheduled a  hearing on the  default
judgment  on March  23, 1998.   Leahey  failed to  appear at  the
hearing, and the trial court granted the default judgment against
him.
     In  his motion  to set  aside the  default judgment,  Leahey
alleged that he did not receive service of the motion for default
judgment. In an affidavit attached to his motion, Leahey averred:
          I did not become aware that Frank & Paulys of
          Columbus, Inc. was seeking a default judgment
          against  me until  March  30,  1998,  when  I
          received the Motion for Default in the  mail.
          I  received a  copy of  the default  judgment
          which was entered against  me in the case  on
          April 2, 1998.
     In opposition to Leahey's motion to set aside the  judgment,
Frank & Pauleys argued that Leahey was aware of the action against
him, that he  intended to hide his  whereabouts, and that he  was
being untruthful in claiming that he did not receive service of the
motion for default judgment.  They also pointed out that, since the
motion for default judgment mailed to Leahey was not returned, it
may be presumed that it was properly received.
     However, Frank & Paulys has produced no evidence to indicate
that Leahey actually received service of the motion prior to  the
hearing.  A party's uncontradicted affidavit that he or she never
received service of process has been held to require that a default
                               -3-
judgment be vacated.  Scales v. West (Apr. 9, 1992), Cuyahoga App.
No. 62477, 62621, unreported, citing Rafalski v. Oates (1984), 17
Ohio App.3d 65; Nationwide Ins. Co. v. Mahn (1987), 36 Ohio App.3d
251, 252.  Accordingly, the denial of the motion to set aside the
default judgment  is reversed.   The default  judgment is  hereby
vacated and this case is remanded to the trial court for  further
proceedings.
     Judgment vacated and case remanded.
     Judgment vacated and cause is remanded to the lower court for
further proceedings consistent with this opinion.
     Costs to be divided equally between appellees and appellants.
     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.
KENNETH A. ROCCO, P.J., and
MICHAEL J. CORRIGAN, J., CONCUR.
                                        PATRICIA ANN BLACKMON
                                                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. 22. 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
.