Kassouf v. Barylak

Citations

• 207 N.E.3d 974
• 2023 Ohio 314

Syllabus

Default judgment settlement remaining claims stipulation dismissal final, appealable order Civ.R. 60(B) untimely abuse of discretion vacate void jurisdiction service presumption rebut uncontroverted affidavit residing hearing remand. Reversed trial court's denial of the defendant-appellant's motion for relief from a default judgment where the appellant alleged a lack of proper service and provided an uncontroverted affidavit with supporting materials sufficient to warrant a hearing. Because a judgment rendered without proper service or entry of appearance is a nullity and void, the defendant was not required to satisfy the requirements of Civ.R. 60(B) and the trial court abused its discretion in denying the motion as untimely. Additionally, the default judgment was rendered a final, appealable order when the trial court dismissed the case with prejudice upon a stipulation entered following the settlement of the plaintiff's remaining claims against the defendant insurers. The matter was remanded for an evidentiary hearing on the appellant's motion.