Sizemore v. Smith

The issue in this case is whether service of process by publication was proper pursuant to Civ. R. 4.4 (A) and R.C. 2703.14 (L). Resolution of this issue depends upon the answers to two questions: first, whether appellee exercised reasonable diligence in attempting to locate appellant and second, whether appellant kept himself concealed with the intent to avoid service of summons. Because this court finds that service of process was insufficient under the facts herein, the decision of the court of appeals is reversed.

Civ. R. 4.4 (A) sets forth the procedural requirements for obtaining service…