Maggiore v. Barensfeld
2012 Ohio 2909
Ohio Ct. App.2012Background
- Maggiore sued Barensfeld on a cognovit promissory note for $277,219.63 with 8.5% interest and a mortgage on Ohio real property as collateral.
- Barensfeld is a California resident; service of the complaint occurred October 18, 2010; answer due November 15, 2010.
- Barensfeld did not answer; Maggiore moved for default judgment on November 16, 2010, which the trial court granted the same day.
- Barensfeld removed the Stark County case to federal court on November 16, 2010 based on diversity; federal remand followed.
- Barensfeld answered in federal court on November 22, 2010; Maggiore moved to strike; federal court denied relief and remanded.
- Barensfeld later sought Civ.R.60(B) relief in state court; the magistrate denied, and the trial court affirmed; this appeal challenges the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R.60(B) relief from judgment was properly denied. | Barensfeld: excusable neglect/mistake; timely removal affected default. | Maggiore: no excusable neglect; removal happened after default judgment; relief improper. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- Griffey v. Rajan, 33 Ohio St.3d 75 (Ohio 1987) (standard for abuse of discretion in Civ.R.60(B))
- Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17 (Ohio 1988) (excusable neglect analysis under Civ.R.60(B))
- GTE Automatic Electric, Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (Ohio 1976) (three-part test for Civ.R.60(B) relief)
- Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 (Ohio 1996) (excusable neglect defined in negative terms)