Scaccia v. Fid. Invests.

Citations

• 2019 Ohio 50

Syllabus

The trial court committed plain error by vacating a default judgment in Appellant's favor, and reversal is required under the plain error doctrine. Appellee's motion to vacate (urging Civ.R. 60(B) relief) was filed before the trial court entered the final default judgment. The court, therefore, should have considered the motion as one for reconsideration or as a Civ.R. 6(B) motion for enlargement of time to object to the magistrate's decision. Once the trial court adopted the magistrate's decision and entered final judgment, the pending motion no longer existed and was presumed to have been denied. Appellee then appealed from the final default judgment and raised the trial court's denial of his motion to vacate. However, that appeal was dismissed as untimely, and a final judgment existed, resolving all claims between the parties. Judgment reversed and remanded with instructions for the trial court to vacate its order granting the motion to set aside the default judgment.