Natl. Collegiate Student Loan Trust 2007-2 v. Tigner

Citations

• 2018 Ohio 4442

Syllabus

Trial court did not err when it overruled appellant's Civ.R. 60(B) motion for relief from judgment. The 14-day time period set forth in Montgomery County Court of Common Pleas Loc.R. 2.05(B)(2)(b) is inapplicable to the instant case and did not act to bar the trial court from granting default judgment in favor of appellee. Civ.R. 55(A) governs default judgments and because appellant failed to answer or otherwise appear prior to the filing of the appellee's motion for default judgment, appellant effectively admitted the allegations in the initial complaint. As a result, appellant was not entitled to the notice required by Civ.R. 55(A), and the trial court properly entered default judgment against her without notice. Appellant's failure to file an answer or make an appearance in the action because of her alleged inexperience with the legal system did not constitute excusable neglect entitling her to relief from the trial court's grant of default judgment to appellee. Judgment affirmed.