Antonyzyn v, Kelly

Citations

• 2019 Ohio 2829

Syllabus

Civ.R. 60(B)/motion for relief from judgment jurisdiction standing res judicata substitute for appeal Civ.R. 56(E)/summary judgment. The trial court's adoption of the magistrate's decision that appellant was properly served was not error. Appellant failed to produce any information sufficient to rebut the presumption of service. Appellant's submitted documentation showing only two payments made towards the land contract was not sufficient enough to show that the land contract was paid in full. Further, appellant's defense of payment was insufficient to explain appellant's delay in filing his motion for relief from judgment. Appellant's argument on summary judgment should have been raised in a direct appeal, not in a motion for relief from judgment. A motion for relief from judgment cannot be used as a substitution for a direct appeal.