GTE Automatic Elec., Inc. v. ARC Indus., Inc., 351 N.E.2d 113 (Ohio 1976). · Go Syfert
GTE Automatic Elec., Inc. v. ARC Indus., Inc., 351 N.E.2d 113 (Ohio 1976). Cases Citing This Book View Copy Cite
Quick Summary

To prevail on a motion under Civil Rule 60(B), a movant must demonstrate a meritorious defense, entitlement to relief under specific grounds, and timely filing.

A party moves to vacate a default judgment under Civil Rule 60(B). To prevail, the movant must demonstrate a meritorious defense or claim, entitlement to relief under one of the specific grounds listed in the rule, and that the motion is timely. The court determines that an order vacating a default judgment is a final, appealable order under R.C. 2505.02. Regarding the ground of excusable neglect, the court holds that the neglect of a party's attorney is imputed to the party. Because the attorney's conduct demonstrated a complete disregard for the judicial system, the neglect was not excusable, and the trial court abused its discretion in granting relief.

4,429 citation events (3,425 in the last 25 years) across 12 distinct courts.
Strongest positive: Madeira v. Oppenheimer (ohioctapp, 2021-08-27)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) Madeira v. Oppenheimer (2×)
Ohio Ct. App. · 2021 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
this court adopts the general rule that the neglect of a party's attorney will be imputed to the party for the purposes of civ.r. 60(b)(1) relief from a judgment or order.
examined Cited as authority (quoted) Clark v. Ohio Dep't of Job & Family Servs. (2×)
Oh. Ct. App. 8th Dist. Cuyahoga · 2017 · quote attribution · 2 verbatim quotes · confidence low
ohio law recognizes that an attorney's neglect is imputed to his client.
examined Cited as authority (quoted) Geauga Savs. Bank v. Berg (2×)
Ohio Ct. App. · 2016 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
regardless of whatever else may be said of a default judgment, it is a judgment. it is as good as any other judgment. it is a final determination of the rights of the parties
examined Cited as authority (quoted) W2 Properties, L.L.C. v. Haboush (2×)
Ohio Ct. App. · 2013 · signal: see · quote attribution · 2 verbatim quotes · confidence high
regardless of whatever else may be said of a default judgment, it is a judgment. it is as good as any other judgment. it is a final determination of the rights of the parties.
examined Cited as authority (quoted) Spotsylvania Mall Co. v. Nobahar (2×)
Ohio Ct. App. · 2013 · quote attribution · 2 verbatim quotes · confidence low
having found that the order of the trial court granting the motion to vacate judgment was a final order, we may now proceed to the question of whether the making of the order was an abuse of discretion
cited Cited as authority (rule) In re Estate of Jasionowski
Ohio Ct. App. · 2026 · confidence medium
GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) In re L.M.H.
Ohio Ct. App. · 2026 · confidence medium
But this is not such an appeal. {¶ 31} In civil proceedings "the neglect of a party's attorney will be imputed to the -9- Warren CA2025-07-061 party." GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) Candlewood Custom Homes, Inc. v. Saunders (2×)
Ohio Ct. App. · 2026 · confidence medium
GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) Clayton v. Luka, Inc.
Ohio Ct. App. · 2026 · confidence medium
The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules. {¶ 24} “To prevail on a Civ.R. 60(B) motion, the movant must demonstrate that: (1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5); and (3) the motion is made within a reasonable time, and, where the grounds of relief are Civ.R. 60 (B)(1), (2) or (3), not more than one year after the judgment, order or proceeding was entered or taken.” GTE Automatic Electric, …
discussed Cited as authority (rule) Shidaker v. Shidaker
Ohio Ct. App. · 2026 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 146 (1976). {¶24} This Court has found that a trial court is not required to hold a hearing on a Civ.R. 60(B) motion unless there exists issues supported by evidentiary quality affidavits.
examined Cited as authority (rule) Urdiales v. Latin Am. Club of Defiance, Ohio (6×)
Ohio Ct. App. · 2026 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-151 (1976).
cited Cited as authority (rule) Law Offices of Robert E. Soles, Jr., Co., LPA v. Swinderman
Ohio Ct. App. · 2026 · confidence medium
GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
cited Cited as authority (rule) Keen v. Keen
Ohio Ct. App. · 2025 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) In re Estate of Wilson
Ohio Ct. App. · 2025 · confidence medium
R. 60(B)(1), (2) or (3), not more than one year after the judgment, order or proceeding was entered or taken.” GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-151 (1976). {¶ 52} The first prong of GTE requires the assertion of “a meritorious defense or claim” if the judgement is vacated.
discussed Cited as authority (rule) Galloway v. Garmon, Exr.
unknown court · 2025 · confidence medium
However, as a general rule, “the neglect of a party’s attorney will be imputed to the party for the purposes of Civ.R. 60(B)(1).” GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
cited Cited as authority (rule) Walkers Corner Hill Rd., L.L.C. v. Access Urgent Med. Care of Pickerington, Inc.
Ohio Ct. App. · 2025 · confidence medium
Comm., 65 Ohio St.3d 470, 473 , (1992), citing GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 152 (1976).
discussed Cited as authority (rule) Exec Properties, L.L.C. v. Discovery Oil & Gas, L.L.C.
Ohio Ct. App. · 2025 · confidence medium
This coincides with Courts’ general policy that “each party is deemed bound by the acts of his lawyer agent and is considered to have ‘notice of all facts, notice of which can be charged upon the attorney.’” GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 152 (1976) citing Link v. Wabash R.R.
discussed Cited as authority (rule) In re Trust of Hawkins v. Schwyn
Ohio Ct. App. · 2025 · confidence medium
Civ.R. 60(B) states, in relevant part: On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: * * * (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party * * * or (5) any other reason justifying relief from judgment. {¶ 31} To prevail on a motion for relief from judgment pursuant to Civ.R. 60(B), the movant “must demonstrate that: (1) the party has a meritorious defense or claim to present if relief is gran…
cited Cited as authority (rule) Ladd v. Strong
Ohio Ct. App. · 2025 · confidence medium
GTE Automatic Electric Company, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 148 (1976).
discussed Cited as authority (rule) In re C.W.
Ohio Ct. App. · 2025 · confidence medium
However, the Supreme Court of Ohio has determined that neglect is inexcusable when the movant’s inaction “reveals a complete disregard for the judicial system and the rights of the appellee.” GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) Conrad v. Hamrick (2×)
Ohio Ct. App. · 2025 · confidence medium
“A majority of the cases finding excusable neglect also have found unusual or special circumstances that justified the neglect of the party or attorney.” Id. {¶17} “‘Neglect is inexcusable, pursuant to Civ.R. 6(B), when a party’s inaction can be classified as a “complete disregard for the judicial system.”’” Id. at ¶ 20, quoting Reimund v. Reimund, 2005-Ohio-2775, ¶ 16 (3d Dist.), quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) MTGLQ Investors, L.P. v. McKind
Ohio Ct. App. · 2024 · confidence medium
Appellant’s failure to challenge the judgment on appeal prevents a collateral attack under Civ.R. 60(B). {¶ 29} Pursuant to Civ.R. 60(B), a court may relieve a party from a final judgment if the movant demonstrates “(1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R. 10. 60(B)(1) through (5); and (3) the motion is made within a reasonable time, and, where the grounds of relief are Civ.R. 60(B)(1),(2), or (3), not more than one year after the judgment, order or proceeding was entered…
cited Cited as authority (rule) Schafer v. Levey
Ohio Ct. App. · 2024 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-151 (1976).
cited Cited as authority (rule) Blackburn v. New Dawn Rehab & Healthcare Ctr.
Ohio Ct. App. · 2024 · confidence medium
GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
cited Cited as authority (rule) Sweet v. Sweet
Ohio Ct. App. · 2024 · confidence medium
“The grounds for relief in Civ.R. 60(B)(1) through (5) are in the disjunctive.” GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) Tillimon v. Hollstein
Ohio Ct. App. · 2024 · confidence medium
GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 150 (1976); see also McKinzie v. Fry, 2022-Ohio- 2292, ¶ 16 (6th Dist.) (an order granting a Civ.R. 60(B) motion to set aside judgment is final and appealable only if the underlying judgment was final); Gasper v. Bank of Am., N.A., 2019-Ohio-1150, ¶ 8 (9th Dist.) (a default judgment is a final order subject to a Civ.R. 60(B) motion to vacate when it resolves the issues of both liability and damages). {¶ 60} The trial court issued its decision on Jenna’s and Rodriguez’s motions on February 1, 2023, and its decision on …
cited Cited as authority (rule) Gray v. Cincinnati Children's Hosp. Med. Ctr.
Ohio Ct. App. · 2024 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 152 (1976), quoting Link v. Wabash RR.
discussed Cited as authority (rule) Elliott v. Bobb
Ohio Ct. App. · 2024 · confidence medium
Nevertheless, we have previously defined ‘excusable neglect’ in the negative and have stated that the inaction of a defendant is not ‘excusable neglect’ if it can be labeled as a ‘complete disregard for the judicial system.’ ” Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 , 20, 1996-Ohio-430 , quoting GTE Automatic Elec., 47 Ohio St.2d 146, 153 (1976); Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17, 21, fn. 4 (1988). b.
cited Cited as authority (rule) Wiczynski v. Hutton
Ohio Ct. App. · 2024 · confidence medium
GTE Automatic Electric, Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) Kelly v. Kelly
Ohio Ct. App. · 2024 · confidence medium
Stated differently, Ohio courts have -3- Clermont CA2023-06-038 observed that movants must demonstrate "(1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B) * * * and (3) the motion is made within a reasonable time * * *." GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-51 (1976). {¶ 10} Appellate courts will not disturb a trial court's Civ.R. 60(B) determination unless an abuse of discretion occurred.
cited Cited as authority (rule) Lengacher Holdings, L.L.C. v. Witmer
Ohio Ct. App. · 2022 · confidence medium
Hancock No. 5-04-52, 2005-Ohio-2775, ¶ 16 , quoting GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) Continuum Transp. Servs., Ltd. v. Elite Internatl. Corp., L.L.C. (2×)
Ohio Ct. App. · 2022 · confidence medium
In order to prevail on a Civ.R. 60(B) motion, “the movant must demonstrate that (1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5); and (3) the motion is made within a reasonable time, and, where the grounds of relief are Civ.R. 60(B)(1), (2), or (3), not more than one year after the judgment, order or proceeding was entered or taken.” GTE Automatic Electric v. ARC Industries, 47 Ohio St.2d 146, 150 (1976). 2.
discussed Cited as authority (rule) LNV Corp. v. Kempffer
Ohio Ct. App. · 2022 · confidence medium
GTE Automatic Electric v. ARC Industries, 47 Ohio St.2d 146, 150-151 (1976). {¶14} Civ.R. 60(B) provides parties with an equitable remedy requiring a court to revisit a final judgment and possibly grant relief from that judgment in the interest of justice.
discussed Cited as authority (rule) Quezada v. Vizcaino
Ohio Ct. App. · 2022 · confidence medium
To prevail on a Civ.R. 60(B) motion for relief from judgment, the moving party must show that: 1) they have “a meritorious defense or claim to present if relief is granted”; 2) they are “entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5)”; and 3) “the motion is made within a reasonable time.” GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150, 351 , N.E.2d 113 (1976).
cited Cited as authority (rule) Bus. Dev. Corp. of S.C. v. Rutter & Russin, LLC
6th Cir. · 2022 · confidence medium
GTE Automatic Elec., Inc. v. ARC Indus., Inc., 351 N.E.2d 113, 116 (Ohio 1976).
discussed Cited as authority (rule) SVG Motors L.L.C. v. Caston's Design Group, Inc.
Ohio Ct. App. · 2022 · confidence medium
See, e.g., Office at *3 ; GTE at 152 (noting that “if an attorney's conduct falls substantially below what is reasonable under the circumstances, the client's remedy is against the attorney in a suit for malpractice”).
cited Cited as authority (rule) Owner-Operator Servs., Inc. v. Markovic Transp., Inc.
Ohio Ct. App. · 2021 · confidence medium
Hancock No. 5-04-52, 2005-Ohio-2775, ¶ 16 , quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
cited Cited as authority (rule) Simindinger v. Meeker
Ohio Ct. App. · 2021 · confidence medium
Hancock No. 5-04-52, 2005-Ohio-2775, ¶ 16 , quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
discussed Cited as authority (rule) Neal v. 4030 W. Broad, Inc.
Ohio Ct. App. · 2020 · confidence medium
To succeed on a Civ.R. 60(B) motion, "the movant must demonstrate that: (1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5); and (3) the motion is made within a reasonable time * * *." GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976). {¶ 6} While "Civ.R. 60(B) exists to resolve injustices that are so great that they demand a departure from the strict constraints of res judicata * * * the rule does not exist to allow a party to obta…
cited Cited as authority (rule) In re S.L.M.
Ohio Ct. App. · 2019 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) In re D.R.
Ohio Ct. App. · 2019 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976). 4 {¶12} Although Father may not have complied with the requirements of Civ.R. 60(B), it was unnecessary for the trial court to construe his request as one filed pursuant to Civ.R. 60(B) because Father filed a timely objection to the magistrate’s decision.
discussed Cited as authority (rule) In re Estate Lacey
unknown court · 2019 · confidence medium
Friendship Village acknowledged that its request was governed by the standard set forth in GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-51 (1976), which states that a "movant must demonstrate that: (1) the party has a meritorious defense or claim to present if relief is granted; (2) the party is entitled to relief under one of the grounds stated in Civ.
cited Cited as authority (rule) In re K.M.
Ohio Ct. App. · 2019 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150 (1976).
discussed Cited as authority (rule) Katz v. Grossman
Ohio Ct. App. · 2019 · confidence medium
No. 05AP-1229, 2006-Ohio-3101, ¶ 8 . 7 No. 18AP-503 {¶ 28} We and the Supreme Court have recognized that "neglect is inexcusable when the movant's inaction 'reveals a complete disregard for the judicial system and the rights of the appellee.' " Id., quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976).
cited Cited as authority (rule) Rarden v. Ewen
Ohio Ct. App. · 2018 · confidence medium
Madison No. CA2012-08-017, 2013-Ohio-532, ¶ 8 , citing GTE Automatic Elec. v. ARC Industries, 47 Ohio St.2d 146, 150-151 (1976).
discussed Cited as authority (rule) Gamble Hartshorn, L.L.C. v. Lee
Ohio Ct. App. · 2018 · confidence medium
The Supreme Court of Ohio has determined that neglect is inexcusable when the movant's inaction "reveals a complete disregard for the judicial system and the rights of the appellee." GTE Automatic at 153, 351 N.E.2d 113 .
discussed Cited as authority (rule) Estate of Aukland v. Broadview NH, L.L.C.
Ohio Ct. App. · 2017 · confidence medium
GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146, 150-51 (1976). {¶ 34} In regards to appellant's motion to reconsider, we stated in Yavitch & Palmer Co., L.P.A. v. U.S. Four, Inc., 10th Dist.
cited Cited as authority (rule) State ex rel. DeWine v. Deer Lake Mobile Park, Inc.
Ohio Ct. App. · 2017 · confidence medium
GTE Automatic Electric v. ARC Industries, 47 Ohio St.2d 146, 150-151 (1976).
discussed Cited as authority (rule) Bruce v. Ohio Dept. of Rehab. & Corr.
Ohio Ct. App. · 2016 · confidence medium
Id. "[T]he inaction of a defendant is not 'excusable neglect' if it can be labeled as a 'complete disregard for the judicial system.' " Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18, 20 (1996), quoting GTE Automatic Elec., Inc., v. ARC Industries, Inc., 47 Ohio St.2d 146, 153 (1976). {¶ 10} In his "MOTION FOR LEAVE TO FILE UNTIMELY COMPLAINT PURSUANT TO CIVIL R. (6)(B)(2)," appellant claims he was prescribed medication after the above incidents that caused him to lose track of time and space.
discussed Cited as authority (rule) Mount v. Dickson (2×)
Ohio Ct. App. · 2016 · confidence medium
Madison No. CA2012-08-017, 2013-Ohio- 532, ¶ 9, citing GTE Automatic Elec. v. ARC Industries, 47 Ohio St.2d 146, 150-151 (1976).
Retrieving the full opinion text from the archive…
GTE Automatic Electric, Inc.
v.
ARC Industries, Inc.
No. 75-1011.
Ohio Supreme Court.
Jul 21, 1976.
351 N.E.2d 113
1976 Ohio LEXIS 682
Messrs. Zacks, Luper é Wolinets and Mr. Frederick M. Tjwper, for appellee., Messrs. Van Reyde, Zuber & Rothgeb and Mr. Robert L. Van Reyde, for appellant.
Brown, Celebrezze, Corrigan, Herbert, Neill, Stern.
Cited by 2,201 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #16,063 of 633,719
Citer courts: Ohio Court of Appeals (8) · Court of Appeals of Ohio, Eigh… (2)
O ’Neill, C. J.

The question presented by this appeal is whether it was an abuse .of discretion for the trial court to grant appellant’s motion; under Civ. R. 60(B), to vacate the default judgment previously entered. Since this court finds that the trial court did abuse its discretion under the facts of this case, the judgment of the Court of Appeals must be affirmed.

Initially, however, the court must first determine that an order vacating a default judgment is a final order and, therefore, appealable. Section 3(B)(2), Article IV of the Ohio Constitution.

The general rule in the federal courts is that an order vacating a default judgment is not a final order. United States v. Agne (C. A. 3, 1947), 161 F. 2d 331; Stathatos v. Arnold Bernstein S. S. Corp. (C.A. 2, 1953), 202 F. 2d 525; 7 Moore’s Federal Practice, Paragraph 60.30[3]. See, also,. Annotation, 8 A. L. R. 3d 1272, for a summary of cases on the state level.'

Tn the second paragraph of the syllabus in Chandler & Taylor Co. v. Southern Pacific Co. (1922), 104 Ohio St. 188, 135 N. E. 620, this court held:

[*149] “An order vacating a default judgment upon motion of the defendant, filed at the saíne term, but more than three days after its rendition, is not a final determination of the rights of the parties and is not reviewable unless the court abuses its discretion in making it.”

Although Chandler has not been expressly overruled by this court, much has changed since it was decided. Insofar as Chandler may have implied that an otherwise interlocutory order can be made final and appealable by an abuse of discretion in the making of that order, that notion was laid to rest in Klein v. Bendix-Westinghouse Co. (1968), 13 Ohio St. 2d 85, 234 N. E. 2d 587. In addition, the constitutional provisions relating to the jurisdiction of the Court of Appeals, as well as the interpretations given those provisions by this court, have changed since Chandler was decided. Writing for a unanimous court in Klein, supra, Justice Paul W: Brown appropriately noted, at page 86, that “ [o]nly since Price v. McCoy Sales & Service, Inc. (1965), 2 Ohio St. 2d 131, 207 N. E. 2d 236] # * *, has Section 2505.-02, Reviséd Code, been an accurate legislative restatement of this court’s definition of a final order.” Price represents the culmination of a long and difficult series of decisions in which this court attempted to define a final order in terms of the jurisdictional provisions of the Ohio Constitution. While difficulties still remain in this area, the present case can be resolved by looking to R. C. 2505.02.

R. C. 2505.02 defines a final order as:

“An order affecting a substantial right in an action which in effect determines the action and prevents a judgment, an order affecting a substantial right made in a special proceeding or upon a summary application in an action after judgment, or an order vacating or setting aside a judgment and ordering a new trial is a final order which may be reviewed, affirmed, modified, or reversed, with or without retrial.” (Emphasis added.)

Regardless of whatever else may be said of a default judgment, it is a judgment. It is as good as any other judg[*150] ment. It is a final determination of the rights of the parties. Therefore, an order of the trial court pursuant to Civ. R. 60(B), setting aside a default judgment, is clearly within the-express language of R. C. 2505..02. It is a final, appeal-able order.

Having found that the order of the trial court was a final ofdér, we may .now proceed to the question of whether the making of the-order was an'abuse of discretion.

. Civ. R. 55(B). allows, the trial court to set aside a default judgment in accordance with Civ. R. 60(B). Civ. R. 60(B) states, in part:

On motion and upon such terms as are just, the court may re-lieye a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly, discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule- 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic)-, misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which: it is based has been reversed or otherwise vacated, or it is. no longer equitable, that the judgment should have prospective application; or-(5) any other reason justifying relief from the judgment. The motion, shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.”

To.prevail on his motion under Civ. R. 60(B), the movant must demonstrate that: (1) the party has a meritorious defense or claim to present if. relief is granted; . (2) the pártyis entitled to relief under one of the grounds stated in Civ. R. 60(B) (1). through (5); and (3), the motion is made-within a reasonable time; and, where the grounds of relief areCiv. ,R. 60(B)(1), (2) or (3), not more than one year after the judgment, order or proceeding was entered[*151] or taken. Civ. R. 60(B); Universal Film Exchanges v. Lust (C. A. 4, 1973), 479 F. 2d 573; Adomeit v. Baltimore (1974), 39 Ohio App. 2d 97, 316 N. E. 2d 469; Brenner v. Shore (1973), 34 Ohio App. 2d 209, 297 N. E. 2d 550. The court agrees with the statement by Judge Sobeloff, in Lust, that these requirements are independent and in the conjunctive, not the disjunctive.

Appellant contends that where timely relief is sought from a default judgment and the movant has a meritorious defense, doubt, if any, should be resolved in favor of the motion to set aside the judgment so that cases may be decided on their merits. As a general statement of the proposition of law, this is, of course, true, and the courts have consistently applied the principle in appropriate cases. Tozer v. Charles A. Krause Milling Co. (C. A. 3, 1951), 189 F. 2d 242; Bridoux v. Eastern Air Lines (C. A. D. C., 1954), 214 F. 2d 207; Davis v. Parkhill-Goodloe Co. (C. A. 5, 1962), 302 F. 2d 489; Tolson v. Hodge (C. A. 4, 1969), 411 F. 2d 123; 7 Moore’s Federal Practice 232, Paragraph 60.19.

However, the cases do not imply that relief should always be granted at the request of the movant. It is a general guide, which the trial court uses as a frame of reference in deciding whether the three requirements have been met. Cf. Hamden Lodge v. Ohio Fuel Gas Co. (1934), 127 Ohio St. 469, 189 N. E. 246; Civ. R. 50(A)(4). In particular, the principle does not obviate the requirement that the movant must demonstrate • that he is entitled to relief under one of the grounds stated in Civ. 60(B) (1) through (5).

Turning to the facts of the instant appeal, it is undisputed that appellant’s motion was timely and that appellant has a meritorious defense. The sole remaining issue is whether appellant has demonstrated that it is entitled to relief under Civ. R. 60(B)(1) through (5).

The facts of this case make it clear that if relief is be granted at all, it must be under Civ. R. 60(B)(1). Although appellant urges that 60(B) (5) ' also be considered, there are no facts presented here that justify the use of the “any other reason” clause.

The trial court granted relief on the single ground that[*152] appellant’s neglect was excusable'. That-court, read Berea Bus Lines v. Seminatore, supra (17 Ohio App. 2d 31), and Antonopoulos. v. Eisner, supra (30 Ohio App. 2d 187), as. holding that the neglect of .an attorney will not be imputed to his client for the purpose of determining whether the client is entitled to relief under Civ. R. 60(B) (1). The Court, of Appeals reversed, finding that the view taken by the federal courts was the better rule.

The basis of the federal rule is most clearly set forth by the United States Supreme Court in Link v. Wabash R.R. Co. (1962), 370 U. S. 626. That court said in Link, at. pages 633-34‘:

“There is certainly no merit to the contention that dismissal of petitioner’s claim because of his counsel’s; unexcused conduct imposes an unjust penalty on the client-Petitioner voluntarily chose this attorney as his representative in the action, and he cannot now avoid the consequences of the acts or omissions of this freely selected agent. Any other notion would he wholly inconsistent with our system of representative litigation, in which each party is deemed bound by the acts of his lawyer-agent and is considered to have ‘notice of all facts, notice of which can be charged upon the attorney.’ ”

The court continued at page 634, fn. 10:

“ * * * Surely if a criminal defendant may be convicted because he did not have the presence of mind to repudiate his attorney’s conduct in the course of a trial, a civil [defendant]' may be deprived of his [defense] if he failed to see to it that his lawyer acted with dispatch in the prosecution of his lawsuit. And if an attorney’s conduct falls substantially below what is reasonable under the cireuim stances, the client’s remedy is against the. attorney in a suit for malpractice. But keeping this suit alive merely because * * * [defendant] should not be penalized for the omissions of his own attorney would be visiting the sins of * * * [defendant’s] lawyer upon the * * * [plaintiff].”

Although Link was not a Rule 60(b) decision, the federal courts have adopted its rationale in Rule 60(b) decisions.[*153] Universal Film Exchanges v. Lust, supra (479 F. 2d 573); Schwarz v. United States (C. A. 2, 1967), 384 F. 2d 833; 7 Moore’s Federal Practice 367-369, Paragraph 60.27[2].

This court agrees and adopts the general rule that the neglect of a party’s attorney will be imputed.' to the party for the purposes of Civ. R. 60(B)(1).

It should be noted that this does not preclude the possibility that in an appropriate case other factors may also be present that entitle a party to relief under other sections of Civ. R. 60(B), notwithstanding the application of the rule. For example, there might also be fraud of an adverse party involved, in addition to the movant’s inexcusable neglect, which would entitle the movant to relief under Civ. R. 60(B)(3). The grounds for relief in Civ. R. 60(B) (1) through (5) are in the disjunctive.

Applying the rule in'this case, the neglect of the attorney is imputed to appellant ARC. Taken together, their conduct reveals a complete disregard for the judicial system and the rights -of- the appellee. This is not excusable neglect. It follows that the trial court abused its discretion in granting the relief sought by appellant, and the Court of Appeals properly reversed.

For the foregoing reasons, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Herbert, Corrigan,' Stern, Celebrezze, W. Brown and P. Brown, J j., concur.