Singletary v. Super Store Express, L.L.C.

Citations

• 2022 Ohio 2637

Syllabus

The trial court did not err in granting \default judgment\ as there is no evidence to support appellant's conclusion that the trial court granted a default judgment in this case. As to appellant's other arguments, appellant failed to argue that appellee had not stated a claim upon which relief can be granted in any pleading permitted under Civ.R. 7(A), motion for judgment on the pleadings, or at the trial. Because appellant never raised this argument before the trial court, we find the argument is waived for purposes of this appeal. We also note that appellant has not raised in its brief with this court any of the arguments asserted in its Civ.R. 60(B) motion. Accordingly, we must presume that appellant has abandoned those arguments on appeal. We must also presume the validity of the trial court's discretionary finding that appellant failed to meet its burden warranting relief from judgment pursuant to Civ.R. 60(B) as appellant failed to file a transcript of the hearing in this case. Judgment affirmed.