Ferrell v. Kakika Ent., Ltd.

Citations

• 2019 Ohio 575

Syllabus

Trial court abused discretion in granting motion for relief from judgment. Motion should have been analyzed under Civ.R. 60(B)(1), not (B)(5), and denied as untimely because it was filed more than year after trial court's judgment. Trial court abused discretion by refusing to strike answer filed 15 months late, without leave of court or showing of excusable neglect. Summary-judgment decision reversed and remanded for consideration of application of res judicata or two-dismissal rule.