Brookville Ents., Inc. v. Kessler Estate HCF Mgt., Inc.
Citations
- 2022 Ohio 1420
Syllabus
The trial court abused its discretion in overruling appellant's motion for relief from a default judgment, which was based on appellant's claim that he had not been properly served with the complaint. The trial court incorrectly analyzed the motion by referring to Civ.R. 60(B). However, courts have inherent jurisdiction to vacate a judgment based on lack of personal jurisdiction, which renders the judgment void. Movants, therefore, do not have to establish entitlement to relief under Civ.R. 60(B). Furthermore, there were deficiencies and inconsistencies relating to service that warranted a hearing on appellant's motion. Judgment reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming finding that juvenile had violated restitution condition of probation, where juvenile offered no evidence of inability to pay, other than evidence of small bank account, out of which he had made no payments
Source: CourtListener parenthetical corpus (CC0).
Judges: Welbaum
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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