Myers v. Lawson
2013 Ohio 2500
Ohio Ct. App.2013Background
- Myers sued Lawson in 1999 for the value of a dishonored $322.22 check, plus treble damages, costs, and fees under R.C. 2307.61 and 2913.11.
- Lawson did not respond; a default judgment for $2,255.57 plus 10% interest and costs was entered in 1999, and Myers garnished Lawson’s wages through 2002.
- Lawson moved in 2010 for relief from judgment under Civ.R. 60(B)(5) alleging improper service and lack of notice.
- A magistrate granted relief from judgment, finding the case extraordinary and ordering a hearing so Myers could show why a larger award was warranted.
- The trial court conducted an independent review, found the 1999 judgment unjust in amount, and set aside the judgment, entering an order awarding Myers $700 already garnished.
- Myers challenged both the procedure and the merits of setting aside the default judgment and the entry of a new, reduced judgment without a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly entered a new judgment sans hearing. | Myers argues the court exceeded authority by sua sponte entering a new judgment. | Lawson argues Civ.R. 60(B)(5) allows relief and may justify a modified judgment after relief from judgment. | First assignment sustained; trial court erred in entering a new judgment without a hearing. |
| Whether Civ.R. 60(B)(5) relief was properly granted given the lack of evidence of fraud. | Myers contends Lawson failed to show grounds for relief under Civ.R. 60(B)(5). | Lawson contends the excessive original damages make relief appropriate. | Second assignment overruled; court did not abuse discretion in granting Civ.R. 60(B)(5) relief to set aside the excessive default judgment. |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (1976) (Civ.R. 60(B) must be liberally construed; relief is extraordinary)
- Blasco v. Mislik, 69 Ohio St.2d 684 (1982) (Civ.R. 60(B) liberally construed; remedy available to prevent unjust results)
- Colley v. Bazell, 64 Ohio St.2d 243 (1980) (Civ.R. 60(B) grounds are independent and conjunctive)
- First Natl. Bank of Southwestern Ohio v. Individual Bus. Servs., Inc., 2008-Ohio-3857 (2nd Dist. 2008) (Merits considered upon a timely 60(B) relief showing potential defenses)
- Adomeit v. Baltimore, 39 Ohio App.2d 97 (8th Dist.1974) (Civ.R. 60(B) substantial grounds required for relief)
- Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64 (1983) (Civ.R. 60(B) should not substitute for specific provisions)
- Robinson v. Miller Hamilton Venture, L.L.C., 2011-Ohio-3017 (12th Dist. 2011) (Timely relief favors merits-based resolution)
- Veidt v. Cook, 2004-Ohio-3170 (12th Dist. 2004) (Independent review required but not a merits adjudication without hearing)