party has a meritorious defense in Ohio

2026Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987). {¶ 30} To prevail on a Civ.R. 60(B) motion, the moving party must demonstrate three things: "(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, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (

2026Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987). {¶ 30} To prevail on a Civ.R. 60(B) motion, the moving party must demonstrate three things: "(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, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (

2016The 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. {¶13} “To prevail on a motion brought 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 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 judgm

2016The 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. {¶13} “To prevail on a motion brought 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 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 judgm

2022Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶8} The Ohio Supreme Court set out the controlling test for Civ.R. 60(B) motions in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146 , 351 N.E.2d 113 (1976), where the court stated: To prevail on a motion brought 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 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,

2022Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 , 450 N.E.2d 1140 (1983). {¶8} The Ohio Supreme Court set out the controlling test for Civ.R. 60(B) motions in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146 , 351 N.E.2d 113 (1976), where the court stated: To prevail on a motion brought 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 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,

2026See Lundeen v. Turner, 2022-Ohio-1709, ¶ 11, citing Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17, 21 (1988) (noting that the “court reviews a decision denying a Civ.R. 60(B) motion for an abuse of discretion”). {¶49} To prevail on a 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 party is entitled to relief under one of the grounds in Civ.R. 60(B)(1)-(5), and (3) the motion is made within a reasonable time.

2026See Lundeen v. Turner, 2022-Ohio-1709, ¶ 11, citing Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17, 21 (1988) (noting that the “court reviews a decision denying a Civ.R. 60(B) motion for an abuse of discretion”). {¶49} To prevail on a 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 party is entitled to relief under one of the grounds in Civ.R. 60(B)(1)-(5), and (3) the motion is made within a reasonable time.

2026Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987). {¶ 30} To prevail on a Civ.R. 60(B) motion, the moving party must demonstrate three things: "(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, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (

2026Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987). {¶ 30} To prevail on a Civ.R. 60(B) motion, the moving party must demonstrate three things: "(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, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (

2026Appellant asserts that there was a mistake in the scheduling of his hearing and he is therefore entitled to relief under Civ.R. 60(B). (1) Civ.R. 60(B) states in 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: mistake, inadvertence, surprise or excusable neglect; . . . .” {¶13} In order to prevail on a motion brought 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 granted; (2) the p

2020Tuscarawas County, Case No. 2019 AP 10 0044 5 {¶16} In order to prevail on a motion brought 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 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 proceedings was entered or taken.” Argo Plastic Products Co. v. Cleveland, 15 Ohio St.3

2026To be entitled to Civ.R. 60(B) relief, 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.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.” Moore v. ThorWorks Industries, Inc., 2024-Ohio-1617, ¶ 91 (6th Dist.), quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio S

2026Entitlement to Civ.R. 60(B) relief requires that a movant “‘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 14. 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.’” Moore v. ThorWorks Industries, Inc., 2024-Ohio-1617, ¶ 91 (6th Dist.), quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc.,

2020Fulton No. F-06-019, 2007-Ohio-2391, ¶ 7 , quoting Griffey v. Rajan, 33 Ohio St.3d 75, 77 , 514 N.E.2d 1122 (1987). 5. {¶ 11} A movant is entitled to relief under Civ.R. 60(B) after showing, through operative facts presented in evidentiary form, all three of the following: “(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 a

2016See Griffey v. Rajan, 33 Ohio St.3d 75, 77 , 514 N.E.2d 1122 (1987). {¶11} 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 4 OHIO FIRST DISTRICT COURT OF APPEALS (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. A

2017Bd., 66 Ohio St.3d 619, 621 (1993). 4 {¶10} In order to prevail on a Civ.R. 60(B) motion, the movant must establish that: (1) the party has a meritorious defense or claim; (2) a circumstance arises under Civ.R. 60(B)(1) to (5); and (3) the motion is made within a reasonable time, and when filing under Civ.R. 60(B)(1) to (3), the motion is within one year of the judgment or order.

2016Bd., 66 Ohio St.3d 619, 621 (1993). 4 {¶9} To prevail on a Civ.R. 60(B) motion for relief from judgment, the moving party 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 * * *.

2018Lucas No. L-16-1275, 2017-Ohio-5681, ¶ 4 , citing Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64, 66 , 448 N.E.2d 1365 (1983). {¶ 13} 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 Aut

2018Lucas No. L-16-1275, 2017-Ohio-5681, ¶ 4 , citing Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64, 66 , 448 N.E.2d 1365 (1983). {¶ 13} 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 Aut

2020“To prevail on a motion brought 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 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), 5 (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 , 351 N.E.2d 113 (1976), paragraph two of the syllabus.

2015The 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. {¶21} “To prevail on a motion brought 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 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 judgm

2016In general, to prevail on a motion for relief from judgment brought pursuant to Civ.R. 60(B), ‘the moving party 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[.]”’ Cuyahoga Support Enforcement Agency v. Guthrie, 84 Ohio St.3d 437, 440 , 1999 Ohio 362 , 705 N.E.2d 318 , quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc. (1976), 47 Ohio St.2d 146 , 351 N.E.2d 113 . {¶19} “However, t

2016In general, to prevail on a motion for relief from judgment brought pursuant to Civ.R. 60(B), ‘the moving party 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[.]”’ Cuyahoga Support Enforcement Agency v. Guthrie, 84 Ohio St.3d 437, 440 , 1999 Ohio 362 , 705 N.E.2d 318 , quoting GTE Automatic Elec., Inc. v. ARC Industries, Inc. (1976), 47 Ohio St.2d 146 , 351 N.E.2d 113 . {¶19} “However, t

2019Richard v. Seidner, 76 Ohio St. 3d 149 , 152, 666 N.E.2d 1134 (1996) (addressing 28 January Term, 2019 merits of a Civ.R. 60(B) motion challenging a conviction); see Crim.R. 57(B) (courts “shall look to the rules of civil procedure * * * if no rule of criminal procedure exists”). {¶ 78} Civ.R. 60(B) states that “[o]n motion and upon such terms as are just, the court may relieve a party * * * from a final judgment, order or proceeding for * * * (5) any * * * reason justifying relief from the judgment.” “[T]o prevail on a Civ.R. 60(B) motion for relief from judgment, the movant must establish th

2019Richard v. Seidner, 76 Ohio St. 3d 149 , 152, 666 N.E.2d 1134 (1996) (addressing 28 January Term, 2019 merits of a Civ.R. 60(B) motion challenging a conviction); see Crim.R. 57(B) (courts “shall look to the rules of civil procedure * * * if no rule of criminal procedure exists”). {¶ 78} Civ.R. 60(B) states that “[o]n motion and upon such terms as are just, the court may relieve a party * * * from a final judgment, order or proceeding for * * * (5) any * * * reason justifying relief from the judgment.” “[T]o prevail on a Civ.R. 60(B) motion for relief from judgment, the movant must establish th

2007See Moore v. Emmanuel Family Training Ctr (1985), 18 Ohio St.3d 64 , 66 .

2007Moore v. Emmanuel Family Training Ctr, Inc. (1985), 18 Ohio St.3d 64 , 67 , 479 N.E.2d 879 , fn. 1. {¶ 17} Within this assignment of error, appellants maintain they are entitled to relief under Civ.R. 60(B)(3) for "fraud, misrepresentation, or other misconduct of an adverse party." In support of their contention, appellants argue they never would have agreed to the settlement agreement and dismissal of the action had appellees not fraudulently assured appellants they would comply with the terms of the agreement.

2025“A trial court abuses its discretion when it makes a decision that is unreasonable, unconscionable, or arbitrary.” (Citation omitted.) State v. Darmond, 2013-Ohio-966, ¶ 34 ; AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 14} “To prevail on a motion brought 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 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.” GMAC Mtge.,

2019“A decision is unreasonable if there is no sound reasoning process that would support that decision.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (1990). {¶ 12} A trial court may set aside a default judgment under Civ.R. 60(B) if the movant demonstrates 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 Ci

2020To 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 obtai

2020To 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 obtai