GEICO Indemn. Ins. Co. v. August

Citations

• 2021 Ohio 2118

Syllabus

The trial court abused its discretion and therefore erred by granting the motion of appellee to set side judgment filed under Civ.R. 60(B) without making any findings pursuant to the test established by the Ohio Supreme Court in GTE Automatic Electric. The trial court further erred by granting the motion to set aside judgment because it was filed more than one year after the default judgment was entered. The trial improperly relied upon unsworn allegations of appellee in granting the motion, and the motion was untimely per se because it was based on the discovery of new evidence and/or mistake. GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976), paragraph two of the syllabus. Judgment reversed and matter remanded with instructions to reinstate the May 31, 2016 entry of default judgment granted in favor of appellants.