Kidz Bop L.L.C. v. Broadhead
2015 Ohio 3744
Ohio Ct. App. 9th2015Background
- Kidz Bop filed suit for breach of contract and fraud on September 14, 2012 in Hamilton County, Ohio.
- Broadhead’s counsel moved to withdraw on May 31, 2013 due to Broadhead’s alleged inability to meet financial obligations; court deferred ruling due to discovery disputes.
- The trial court granted the withdrawal, allowed Broadhead to represent himself but warned he would be bound by the rules for counsel.
- Broadhead failed to appear for a deposition and status conference on July 17, 2013 and did not respond to Kidz Bop’s summary-judgment motion within the extended deadline.
- The trial court granted Kidz Bop’s summary-judgment motion; Broadhead did not appeal that judgment and collection proceedings commenced.
- Broadhead, pro se, later sought relief from judgment under Civ.R. 60(B) on September 15, 2014, arguing lack of notice and excusable neglect; the trial court denied relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Broadhead showed excusable neglect under Civ.R.60(B)(1). | Kidz Bop argues Broadhead’s conduct was not excusable neglect. | Broadhead argues withdrawal and pro se status caused excusable neglect. | No; court did not abuse discretion; neglect not excusable. |
| Whether Civ.R.60(B)(5) supports relief from judgment. | Kidz Bop contends catch-all does not apply here. | Broadhead contends catch-all grounds are substantial. | No; 60(B)(5) not warranted. |
| Whether Civ.R.60(B) is an appropriate vehicle to attack a prior summary-judgment ruling. | Kidz Bop asserts Broadhead should have appealed the summary judgment. | Broadhead attempts to use 60(B) to collaterally attack the judgment. | Overruled; relief under 60(B) cannot substitute for an appeal. |
Key Cases Cited
- GTE Auto. Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (Ohio 1976) (standard for relief from judgment under Civ.R. 60(B))
- State ex rel. Jackson v. Ohio Adult Parole Auth., 140 Ohio St.3d 23 (Ohio 2014) (excusable neglect defined in negative terms; need for reasonable conduct)
- Kell v. Verderber, 2013-Ohio-4223 (1st Dist. Hamilton No. C-120665) (Civ.R.60(B) grounds; finality of judgments; catch-all limits)
- Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17 (Ohio 1988) (discretion to grant relief from judgment)
- Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64 (Ohio 1983) (Civ.R.60(B)(5) limitations; substantial grounds required)
- Doe v. Trumbull Cty. Children Servs. Bd., 28 Ohio St.3d 128 (Ohio 1986) (Civ.R.60(B) not a substitute for appeal)
- Internatl. Lottery v. Kerouac, 102 Ohio App.3d 660 (1st Dist. 1995) (pro se and procedural issues; use of 60(B))