Westbrook v. Westbrook

Citations

• 2026 Ohio 2192

Syllabus

The trial court did not abuse its discretion in denying appellant's Civ.R. 60(B) motion for relief from an amended agreed judgment entry in a divorce action. The amended agreed judgment entry required appellant to refinance or otherwise remove appellee from the mortgage and home equity line of credit associated with the marital residence, which appellee had quit-claimed to appellant. Appellant sought relief from judgment on the basis that, since the filing of the agreed amended judgment entry, appellee had obtained a discharge in bankruptcy on the underlying debt secured by the mortgage and line of credit. The trial court did not abuse its discretion in determining that appellant failed to allege in her motion operative facts which, if proven, would warrant relief from judgment under Civ.R. 60(B)(4) or (5), nor did it abuse its discretion by denying appellant's motion without a hearing.