Platinum Restoration Contrs., Inc. v. Salti

Citations

• 231 N.E.3d 431
• 2023 Ohio 4426

Syllabus

Civ.R. 60(B) motion for relief breach of contract abuse of discretion pro se trial date notice docket Civ.R. 60(B)(1) excusable neglect Civ.R. 60(B)(5) catchall inexcusable neglect attorney withdrawal prejudice. Reversed the trial court's decision to deny appellant's motion for relief from judgment under Civ.R. 60(B). The trial court abused its discretion in denying the motion. Although the failure to keep informed of the progress of an ongoing case does not qualify as excusable neglect under Civ.R. 60(B)(1), relief from judgment was warranted under the catchall provision of Civ.R. 60(B)(5) for inexcusable neglect when it appeared the trial court permitted the withdrawal of appellant's attorney, who admittedly lacked experience and time to handle the matter, without ensuring appellant was insulated from prejudice, and the record demonstrated appellant was unable to retain new counsel and did not receive any court notices thereafter, including notice of the trial date.