Ice Miller L.L.P. v. Advanced Diagnostics, Inc.
2017 Ohio 8850
| Ohio Ct. App. | 2017Background
- Ice Miller LLP sued Advanced Diagnostics, Inc. in February 2016; Advanced Diagnostics did not file a responsive pleading.
- In April 2016 Ice Miller moved for and obtained a default judgment one week after the motion, without any response from Advanced Diagnostics.
- Nine months later Advanced Diagnostics filed a motion titled “Motion for Relief from Judgment; Motion to Vacate or Set Aside Judgment,” amended shortly thereafter.
- Advanced Diagnostics argued it never received proper service of the complaint, only learned of the default judgment months later via its statutory agent, and sought relief under Civ.R. 60(B)(1) and (5) or, alternatively, vacatur for lack of jurisdiction.
- The trial court summarily denied the motion citing Civ.R. 60(B) and GTE Automatic Elec., Inc. v. ARC Industries, Inc., without further analysis.
- Advanced Diagnostics appealed; the appellate court reversed and remanded for the trial court to consider the motion as a common-law motion to vacate a void judgment.
Issues
| Issue | Plaintiff's Argument (Ice Miller) | Defendant's Argument (Advanced Diagnostics) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying relief under Civ.R. 60(B) | The default judgment was properly entered and denial of 60(B) relief was appropriate | Judgment should be set aside under Civ.R. 60(B) for excusable neglect/mistake or under Civ.R. 60(B)(5) | Court declined to decide the merits of 60(B) because the motion in substance challenged service; remanded so the trial court treats it as a common-law motion to vacate a void judgment |
| Whether lack of proper service renders the default judgment void and thus subject to vacatur without Civ.R. 60(B) standards | Service was adequate (implicit) | Lack of service means the judgment is void and should be vacated for lack of jurisdiction | Judgment rendered without proper service is void; appellate court held the trial court should have treated the filing as a common-law motion to vacate and remanded for consideration |
Key Cases Cited
- Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision, 87 Ohio St.3d 363 (2000) (a judgment entered without proper service or appearance is void)
- Lincoln Tavern, Inc. v. Snader, 165 Ohio St. 61 (1956) (void judgments result from lack of proper service)
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976) (procedural standards for certain post-judgment relief cited by trial court)