Auto Owners Ins. Co. v. Truck Line Dispatch, Inc.
2013 Ohio 2988
Ohio Ct. App.2013Background
- Auto Owners Insurance Co. filed suit in 2011 for payment for insurance coverage provided to Truck Line Dispatch, Inc.
- Truck Line was served at a usual place of business when its agent signed a certified mail receipt on August 16, 2011.
- Truck Line failed to answer; the Akron Municipal Court defaulted in favor of Auto Owners for $7,848.99 plus interest and costs.
- An order in aid of execution and a debtor’s examination were issued; the agent served with the show-cause order signed the certified receipt.
- Truck Line moved for relief from judgment under Civ.R. 60(B) arguing lack of proper service; the trial court denied relief and the appeal followed.
- The appellate court affirmed, holding service was proper and the Civ.R. 60(B) motion failed on the merits and with respect to required procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Civ.R. 60(B)(5) relief warranted for lack of service? | Truck Line contends it was not properly served. | Auto Owners contends service at a usual place of business via certified mail was proper. | No; service was proper and relief denied on merits. |
Key Cases Cited
- Strack v. Pelton, 70 Ohio St.3d 172 (1994) (abuse of discretion standard for Civ.R. 60(B) motions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion definition; boundaries of review)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (1993) (clarifies Civ.R. 60(B) standards and timeliness)
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976) (standard for granting relief from judgment)