Background

• Dickerson sued CMHA in Sept. 2009 for injuries to a minor from a laundry pole allegedly causing negligent, willful, wanton, or reckless misconduct in maintenance and warnings; parents claim loss of consortium and financial loss.
• CMHA moved for leave to file an instanter summary judgment, which the court granted; summary judgment filed Mar. 7, 2011.
• Dickerson failed to respond to the summary judgment within 30 days and filed a Civ.R. 56(F) extension request after the deadline.
• Trial court granted summary judgment on Apr. 19, 2011, then denied Dickerson’s extension motion; on Apr. 21, 2011, the court sua sponte vacated the summary judgment order.
• Appellate court previously held a trial court cannot sua sponte vacate a final summary judgment and sustained CMHA’s first assignment of error; remanded to reinstate final judgment.
• CMHA filed the instant appeal; the issue centers on whether the trial court had authority to sua sponte vacate the judgment and whether Civ.R. 60(B) or 60(A) applies.

Issues

Key Cases Cited

• Patton v. Diemer, 35 Ohio St.3d 68 (1988) (inherent power to vacate void judgments)
• Rice v. Bethel Assoc., Inc., 35 Ohio App.3d 133 (1987) (Civ.R. 60(B) exclusive means to vacate final judgments)
• Hellmuth, Obata & Kassabaum v. Ratner, 21 Ohio App.3d 104 (1984) (Civ.R. 60(B) applicability)
• Chomor v. Euclid Clinic Found., (Apr. 2, 1992) (n/a) (trial court lacks jurisdiction to vacate summary judgment without Civ.R. 60(B))
• Kemper Securities, Inc. v. Schultz, 111 Ohio App.3d 621 (1996) (final judgment cannot be vacated sua sponte)
• Levin v. George Fraam & Sons, Inc., 65 Ohio App.3d 841 (1990) (summary judgment final; must use 60(B) to challenge)