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· 7/6/2018

John W. Judge Co. v. USA Freight, L.L.C.

Citations

  • 2018 Ohio 2658

Syllabus

The trial court abused its discretion in granting Appellee's Civ.R. 60(B) motion to vacate a default judgment on grounds of excusable neglect. When a company is required by law to maintain a statutory agent to receive service of process, and when certified mail service is successful at the statutory agent's address that is on record with the Ohio Secretary of State, the subsequent mishandling of the served documents by the person who signed for and received the documents at the statutory agent's listed address does not amount to excusable neglect. Judgment reversed.

Judges: Welbaum

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