Twymon v. Eagle Auto Parts, Inc.

Citations

• 2022 Ohio 2360

Syllabus

Motion to vacate default judgment Civ.R. 55 service statutory agent Civ.R. 60(B)(1) excusable neglect meritorious defense damages. Trial court abused its discretion in denying defendant's motion to vacate default judgment where summons and complaint were served on listed statutory agent but were not forwarded to defendant, listed statutory agent was no longer at service address and did not notify defendant that she no longer intended to serve as its statutory agent, defendant did not receive notice of lawsuit until it was served with default judgment, defendant showed that it had a meritorious defense based on excessive damages awarded to plaintiff in default judgment, and motion for default judgment was filed before defendant's answer was due.