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· 11/23/2022

Cleveland Municipal Court v. Rasheeda Properties, L.L.C.

Citations

  • 2022 Ohio 4211

Syllabus

Civ.R. 60(B) abuse of discretion. The decision to deny a motion for relief from judgment without hearing is within the discretion of the trial court. Where a motion for relief from judgment does not present a meritorious claim if relief from judgment is granted, the trial court cannot be said to have abused its discretion. Appellant filed motions for relief from judgment in two collection cases for fines and costs entered in separate, ongoing cases. Appellant argued that it presented a meritorious claim where it asserted error of service in the separate cases. Appellant did not present evidence of service in the separate cases and only argued that one method of service was not made. As such, appellant did not present a record that appellant had a meritorious claim if relief from judgment was granted. Further, the trial court did not err in denying the motions for relief from judgment by noting that the cases from which the judgments arose were ongoing.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • claim rejection occurred after the defendant moved to stay, and other factors weighed against a stay

Source: CourtListener parenthetical corpus (CC0).

Judges: Sheehan

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