Abouharga v. Elghadban

Citations

• 2024 Ohio 3413

Syllabus

The trial court erred in denying defendant's motion for relief from a final judgment and decree of divorce because the trial court applied an incorrect legal standard in deciding defendant's motion. Civ.R. 60(B) does not apply to a motion for relief from judgment in which the movant claims failure of service of process, which affects the trial court's jurisdiction. Because defendant claimed he was not served with process, the trial court erred by denying defendant's motion based on a failure to comply with the requirements of Civ.R. 60(B) and by not determining whether defendant had been properly served.