State v. Jimenez

Citations

• 2025 Ohio 651

Syllabus

Motion to vacate default judgment; Civ.R. 60(B) motion; lack of service; service of process; perfect service; rebuttable presumption; personal jurisdiction; void judgment; vacate judgment; abuse of discretion. Where the defendant-appellant provided a competent, credible, and uncontested sworn statement that demonstrated he was not served a forfeiture complaint pursuant to the civil rules, the defendant-appellant rebutted the presumption of service. Absent proper service of the complaint, the trial court lacked personal jurisdiction over the defendant-appellant and, therefore, the court's grant of default judgment against the defendant-appellant was void and the trial court's subsequent denial of the defendant-appellant's motion to vacate the default judgment was an abuse of discretion.