Bishop v. Bishop

Citations

• 2025 Ohio 289

Syllabus

CIVIL – Judgment entry setting aside default judgment on pro se fraud claims entered without an evidentiary hearing is affirmed pursuant to Civ. R. 60(B)(5). Complaint alleged former wife intentionally misrepresented the paternity of children born during her marriage to Appellant. Trial court awarded almost one-and-a-half million dollars in damages, despite no evidence of damages in the record, and likelihood that the paternity of the children had been established in their divorce decree. Trial court should have held a hearing before finding excusable neglect under Civ. R. 60(B)(1) based on Appellee's self-serving affidavit. Civ. R. 60(B)(4) must be based on event subsequent to the entry of default judgment.