Moccabee v. Bashore

Citations

• 2021 Ohio 4345

Syllabus

Civ.R. 60(B)(3) motion untimely where it was filed three years after stipulated dismissal. While stipulation permitted court to retain jurisdiction to enforce terms of settlement, it did not render judgment of dismissal non-final. Court erred in finding that res judicata barred second motion under Civ.R. 60(B)(5) where court had not yet ruled on first motion. Motion was properly denied, however, because movant failed to present operative facts demonstrating fraud by party's insurer.