Comm. Concepts, Inc. v. Constable, Unpublished Decision (5-13-2002)
Comm. Concepts, Inc. v. Constable, Unpublished Decision (5-13-2002)
Opinion of the Court
Appellant's first assignment of error is overruled because the trial court did not abuse its discretion in denying appellant's motion to vacate the default judgment. The fact that the trial court granted appellant leave to file an answer after the default judgment was entered did not "remove de facto" the default judgment. "The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules." Civ.R. 60(B); State ex rel. Boardwalk Shopping Ctr., Inc.v. Court of Appeals for Cuyahoga County (1990),
Appellant's second assignment of error is overruled because appellant is not entitled to relief from the default judgment under any of the grounds stated in Civ.R. 60(B)(1)-(5). See GTE Automatic Electric, Inc.v. ARC Industries, Inc. (1976),
Both of appellant's assignments of error having been overruled, the judgment of the trial court is hereby affirmed.
Pursuant to App.R. 11.1(E), this entry shall not be relied upon as authority and will not be published in any form. A certified copy of this judgment entry shall constitute the mandate pursuant to App.R. 27.
Costs to be taxed in compliance with App.R. 24.
James E. Walsh, Presiding Judge, Stephen W. Powell, Judge, Anthony Valen, Judge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.