Corrao v. Bennett

Citations

• 154 N.E.3d 558
• 2020 Ohio 2822

Syllabus

En banc service by publication reasonable diligence internet search available steps circumstances default judgment motion to vacate affidavit counsel police report address insurance company inference rebut contradict R.C. 2703.14(L) Civ.R. 4.4(A) remand hearing damages. En banc decision held that an internet search is not a mandatory prerequisite to establishing reasonable diligence for service by publication but, instead, is just one of many available steps a party may endeavor to take in order to satisfy his burden under Civ.R. 4.4, and whether reasonable diligence has been exercised will depend upon the facts and circumstances of each particular case. Panel decision affirmed trial court's denial of motion to vacate default judgment, except with regard damages. Service by publication was proper when the affidavit of plaintiff's counsel, which stated that counsel had twice attempted service at the address provided in the police report and had tried to obtain a current address from defendant's insurance company, was sufficient to establish the exercise of reasonable diligence to locate defendant's address and to give rise to an inference of concealment, and the defendant failed to contradict the plaintiff's exercise of reasonable diligence or to rebut the inference of concealment. Case was remanded for a hearing to determine the proper amount of damages.