Delitoy v. I. Stylez Hair & Nails Design, Inc.

Citations

• 2020 Ohio 3370

Syllabus

Default judgment Civ.R. 60(B) motion to vacate a default judgment excusable neglect service. While excusable neglect may exist when a party has neither knowledge nor actual notice of the lawsuit, it was undisputed in this case the address to which the complaint was sent was appellant hair salon's place of business and the record reflects the delivery of the complaint by Federal Express in compliance with Civ.R. 4.2(F) and 4.1(A)(1). While appellant claimed it was unaware of the litigation, it did not provide any explanations for its claim. Unsworn allegations of operative facts contained in a motion for relief from judgment or in a brief attached to the motion are not sufficient evidence upon which to grant a motion to vacate judgment. The trial court's judgment denying appellant's Civ.R. 60(B) motion to vacate the default judgment is affirmed.