Freeh v. Hill
2014 Ohio 3929
Ohio Ct. App.2014Background
- Freeh sued Hill and others in Oct 2007; judgment against all defendants; only Hill appeals the judgment.
- Hill was served at the Gahanna address in July 2008; he answered pro se in Aug 2008; amended-pleadings were denied.
- Summary judgment against Hill on liability was granted Feb 21, 2013; damages hearing scheduled for Mar 2013.
- Damages hearing notices were sent to the Gahanna address and returned; the April 8, 2013 entry listed Marengo for Hill but mailed to Gahanna.
- Hill filed Civ.R. 60(B) motions on Apr 23, 2013 seeking relief; the trial court denied; appeal stayed pending ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B) relief was proper | Freeh contends Hill failed to show grounds for relief | Hill asserts clerk’s failure to record Marengo address deprived him of notice | No abuse of discretion; relief denied |
Key Cases Cited
- Perez v. Angell, 2007-Ohio-4519 (Ohio 2007) (relevance to Civ.R. 60(B) timing and grounds)
- Allstate Ins. Co. v. Wagner, 2014-Ohio-2505 (Ohio 2014) (governs Civ.R. 60(B) standard and abuse of discretion)
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (Ohio 1976) (three-part test for Civ.R. 60(B) relief)
- State ex rel. Halder v. Fuerst, 2008-Ohio-1968 (Ohio 2008) (burden to notify court of address change; last known address rule)
- Cincinnati Emergency Servs., Inc. v. Ohio Dept. of Job & Family Servs., 2003-Ohio-3302 (Ohio 2003) (notice issues where clerk mailed to wrong address)