Allstate Ins. Co. v. Wagner, 2014 Ohio 2505

Allstate sued Wagner for a 2002 Dayton motor-vehicle collision to recover subrogation funds.
Service attempts targeted West Carrollton and then Miamisburg addresses; a certified mail receipt in Franklin County confirmed service.
Default judgment for Allstate entered April 20, 2011 after Wagner failed to plead or defend.
Wagner moved (Feb. 3, 2012) to vacate the default judgment and obtain leave to respond, citing Civ.R. 60(B) grounds.
The trial court held a hearing was unnecessary and granted relief Oct. 3, 2013, vacating the default judgment; Allstate timely appealed.
Court ultimately affirmed the vacation order, finding relief under Civ.R. 60(B) was proper despite an argument about 60(B)(3).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Civ.R. 60(B)(3) was properly applied to grant relief.	Allstate; no misconduct by adverse party; defense was forfeited.	Wagner; misconduct by adversary justifies relief under 60(B)(3).	No abuse of discretion; relief supported by 60(B)(5) rationale though 60(B)(3) cited.
Whether Civ.R. 60(B)(5) supported relief in the interest of justice.	Allstate argues 60(B)(5) was not appropriate.	60(B)(5) proper to accomplish justice given late filing and lapse of statute.	Relief properly granted under 60(B)(5); harmless error to rely on 60(B)(3).

Deutsche Bank Natl. Trust Co. v. Whiteman, 10th Dist. No. 12AP-536 (2013-Ohio-1636) (fraud/misconduct standard for Civ.R. 60(B)(3))
PNC Bank, Natl. Assoc. v. Botts, 10th Dist. No. 12AP-256 (2012-Ohio-5383) (misconduct standards under Civ.R. 60(B)(3))
GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (1976) (three-part test for Civ.R. 60(B) relief)
Brunner Firm Co., L.P.A. v. Bussard, 10th Dist. No. 07AP-867 (2008-Ohio-4684) (60(B)(5) gives broad power to achieve justice)
State ex rel. Gyurcsik v. Angelotta, 50 Ohio St.2d 345 (1977) (scope of Civ.R. 60(B)(5) authority)
Klapprott v. United States, 335 U.S. 601 (1949) (historical support for discretion under 60(B)(5))