Malaj v. Abeid

Citations

• 245 N.E.3d 1158
• 2024 Ohio 2256

Syllabus

Motion to vacate judgment Civ.R. 60(B) default judgment service by publication reasonable efforts concealment to avoid service. The trial court did not abuse its discretion when it denied the defendant's motion to vacate a default judgment, where service by publication had been authorized and properly effected. The record reasonably supported a conclusion that the defendant left the state and concealed his whereabouts to avoid service and that the plaintiff used reasonable diligence to ascertain his residence before resorting to service by publication. The defendant's argument based on the statute of limitations was also rejected, since that is an affirmative defense that cannot be raised where a defendant never appears and instead defaults.