COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           NO. 85117
 
CLOCKWORK COURIER, INC.,     :
ET AL.,                      :          ACCELERATED
                             :
    Plaintiffs-Appellants    :
                             :         JOURNAL ENTRY
    vs.                      :               and
                             :             OPINION
BLUE JAY, INC., ET AL.,      :
                             :
    Defendants-Appellees     :
 
 
DATE OF ANNOUNCEMENT
OF DECISION                  :    MAY 5, 2005
 
CHARACTER OF PROCEEDING:     :    Civil appeal from
                             :    Common Pleas Court
                             :    Case No. 523807
 
JUDGMENT                     :    REVERSED AND REMANDED.
 
DATE OF JOURNALIZATION       :
 
APPEARANCES:
 
For plaintiffs-appellees,    Blue Jay, Inc.
Blue Jay, Inc. and              and
Red Rose International:      Red Rose International
                             4550 Ziebart Place
                             Las Vegas, Nevada 89103
 
For defendants-appellants:   Eric J. Moore, Esq.
                             183 W. Aurora Road
                             Northfield, Ohio 44067
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -2-
 
MICHAEL J. CORRIGAN, J.:
 
     This case came to be heard upon the accelerated calendar
 
pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the
 
Cuyahoga County Court of Common Pleas and appellant's brief. A
 
group of plaintiffs led by Clockwork Courier, Inc., filed this
 
action  against   defendants   Blue   Jay,  Inc.   and   Red  Rose
 
International, Ltd., alleging that they had sent unsolicited
 
facsimile transmissions (faxes) in violation of the Telephone
 
Consumer Protection Act (TCPA), Title 47, U.S. Code Section 227,
 
and that each fax transmission constituted a separate violation of
 
the Ohio Consumer Sales Practices Act, R.C. 1345.02(A). Although
 
properly served with notice of the complaint, the defendants did
 
not answer or otherwise appear in the action. The court then
 
granted Clockwork's motion for a default judgment, but rendered
 
judgment in amounts less than those prayed for in the complaint and
 
refused to grant attorney fees. The assigned errors contest these
 
and other aspects of the court's default judgment.
 
     The assigned errors are sustained on authority of Bransky v.
 
Sharokhi, Cuyahoga App. No. 84262, 2005-Ohio-97. The matter is
 
remanded consistent with that opinion for a redetermination of all
 
damages, along with reasonable attorney fees.
 
     Reversed and remanded.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
     This cause is reversed and remanded for proceedings consistent
 
with this opinion.
 
     It is, therefore, ordered that said appellants recover of said
 
appellees their costs herein taxed.
 
     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.
 
 
 
                                         MICHAEL J. CORRIGAN
                                               JUDGE
FRANK D. CELEBREZZE, JR., P.J., and
 
MARY EILEEN KILBANE, J., CONCUR.
 
 
 
 
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
clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section
2(A)(1).
 
.