Blue Durham Properties v. Krantz

Citations

• 2019 Ohio 4459

Syllabus

Civ.R. 60(B) motion for relief from judgment fraud upon the court abuse of discretion res judicata untimely. Because appellants' Civ.R. 60(B) motion for relief from judgment was based on facts that could have been raised in a prior motion or in a prior appeal, their third motion for relief from judgment is barred by res judicata. Where appellants filed their new motion alleging fraud upon the court approximately two years after judgment and offered no explanation for the delay in their motion, appellants' Civ.R. 60(B) motion is untimely. The trial court therefore did not abuse its discretion in denying appellants' motion for relief from judgment.