Canel v. Holland

Citations

• 2020 Ohio 4797

Syllabus

The trial court did not abuse its discretion in denying appellant's motion for relief from judgment filed pursuant to Civ.R. 60(B). Appellant has not met all three requirements for a successful Civ.R. 60(B) motion as set forth in GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976), paragraph two of the syllabus. Appellant failed to establish or even allege she has a meritorious claim to present if relief is granted and appellant has not specified which of the grounds enumerated in Civ.R. 60(B)(1) - (5) upon which she relies in support of her motion for relief from judgment. Although the motion was filed timely, the failure to meet the other two prongs of the GTE test is fatal to her motion. Furthermore, Civ.R. 60(B) may not be used as a substitute for what would have been a proper appeal of the trial court's judgment entry. Judgment affirmed.