Shelter Mut. Ins. Co. v. Jones

Citations

• 2026 Ohio 1482

Syllabus

DEFAULT JUDGMENT — SERVICE — MOTION TO VACATE — EVIDENTIARY HEARING — CIV.R. 60(B)— REASONABLE TIME: Where defendant filed a motion to vacate a default judgment based on improper service and lack of actual notice, the trial court abused its discretion in granting the motion—whether based on lack of proper service or under Civ.R. 60(B)—where the motion lacked sufficient evidence to grant the motion and the trial court failed to hold an evidentiary hearing prior to granting the motion. The trial court abused its discretion in granting relief from the default judgment under Civ.R. 60(B) where defendant's motion for relief from the default judgment was filed over 16 months after defendant admittedly became aware of the action and the default judgment and over 18 months after the default judgment was entered and where the defendant did not offer any rationale, either here or below, for why he waited over 16 months after he learned of the action and the default judgment to file his motion.