Schmidt v. Patriot Concrete, L.L.C.

Citations

• 2025 Ohio 428

Syllabus

MOTION TO SET ASIDE DEFAULT JUDGMENT; CIV.R. 60(B); ABUSE OF DISCRETION. The trial court abused its discretion by denying defendant-appellant's motion to set aside default judgment without holding an evidentiary. Defendant-appellant's motion and supporting affidavits contain allegations of operative facts that would warrant relief under CiV.R. 60(B) such that the trial court should have held a hearing to verify these facts before ruling on the motion.