Farley v. Old Dominion Freight Line, Inc.

Citations

• 2022 Ohio 3799

Syllabus

The trial court did not abuse its discretion and therefore did not err in denying appellant's motion for relief from judgment filed pursuant to Civ.R. 60(B). Appellant's motion was not filed within a reasonable period of time because he waited until over fifteen months after the trial court entered judgment in favor of appellee to file his motion. Nor has appellant demonstrated substantial grounds warranting relief from judgment pursuant to Civ.R. 60(B)(5). Appellant provided no explanation for why he failed to file his motion for relief from judgment immediately upon realizing the error of failing to file his evidentiary materials along with his response to Old Dominion's motion for summary judgment, or at least take some other steps to seek leave from the court to append the record with the missing affidavits at any point. Judgment affirmed.