Favorite v. Cleveland Clinic Found.

Citations

• 2025 Ohio 269

Syllabus

Civ.R. 60(B); meritorious claim; excusable neglect. Reversed and remanded. After the plaintiff's counsel made a calendaring mistake, his brief in opposition to the defendant's motion for summary judgment was filed one business day late and prior to the trial court's granting of summary judgment. The trial court did not consider the facts or arguments set forth in Favorite's untimely brief when it granted summary judgment, noting that the defendant's motion was \unopposed.\ After reviewing the record in this matter, we find that the plaintiff established all three requirements to be entitled to relief from judgment and the trial court abused its discretion in denying his Civ.R. 60(B) motion. Under this set of facts, the trial court should have considered the plaintiff's untimely brief in opposition and determined whether summary judgment was appropriate based on the arguments presented by both parties.