Jackson v. Coker, 2014 Ohio 5114

Jackson funded the purchase of 161 Lake Street, taking title in Coker's name to help his credit under an agreement to later reconvey to Jackson after renovations.
Jackson spent about $4,000 for purchase and approximately $11,000 for labor and materials on renovations.
After renovations, Jackson permitted Darwin Spencer to rent a room, which upset Coker, who then removed Jackson, Spencer, and Spencer's property and threatened Jackson.
Jackson sued in 2013 alleging fraud, unjust enrichment/constructive trust, conversion/replevin, and defamation; Coker counterclaimed, later dismissed.
A bench trial led to a magistrate’s findings for Jackson on fraud, defamation, and constructive trust; judgment initially $54,500, then reduced to $33,500 by the trial court.
Coker’s Civ.R. 60(B) motions for relief from judgment were denied; he appealed those denials and the trial court’s proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Civ.R. 60(B) denials were an abuse of discretion	Coker alleged fraud and new evidence; sought relief from judgment with Tanner affidavit.	Coker contends operative facts were pled and a hearing was required to verify them.	No abuse; no operative facts shown; no hearing required.

GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (1976) (Civ.R. 60(B) movant must show meritorious defense and timely, proper grounds)
State ex rel. Richard v. Seidner, 76 Ohio St.3d 149 (1996) (Civ.R. 60(B) relief requires proper grounds and timeliness)
Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 (1996) (hearing required if operative facts asserted)
Coulson v. Coulson, 5 Ohio St.3d 12 (1983) (evaluation of operative facts for 60(B) relief)
Strack v. Pelton, 70 Ohio St.3d 172 (1994) (standard for abuse of discretion in Civ.R. 60(B) rulings)
Adomeit v. Baltimore, 39 Ohio App.2d 97 (1974) (procedural guidelines for 60(B) motions)
S. Ohio Coal Co. v. Kidney, 100 Ohio App.3d 661 (1995) (hearing not required when no operative facts alleged)