Peoples Bank, Natl. Assn. v. McGhee
2013 Ohio 3859
Ohio Ct. App.2013Background
- Peoples Bank filed foreclosure; McGhee responded with counterclaims and third-party complaint against Appellants.
- Appellants did not answer the third-party complaint; McGhee moved for default judgment.
- Trial court granted default judgment against Appellants on Feb. 14, 2012 for $336,960.19 plus costs.
- Appellants moved under Civ.R. 60(B) for relief from judgment on May 31, 2012; motion denied in Dec. 2012 without a hearing.
- Nunc pro tunc entry certified no just reason for delay for appeal; appeals consolidated (12CA11, 13CA4).
- Court remanded for an evidentiary hearing on Civ.R. 60(B) relief; judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a Civ.R. 60(B) hearing. | Appellants contend they showed operative facts requiring a hearing. | McGhee argues no hearing was needed given the record. | Yes; abused; remand for evidentiary hearing. |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (Ohio 1976) (sets the three-part Civ.R. 60(B) test)
- Kay v. Marc Glassman, Inc., 76 Ohio St.3d 18 (Ohio 1996) (defines merit and timing for Civ.R. 60(B) relief)
- Colley v. Bazell, 64 Ohio St.2d 243 (Ohio 1980) (excusable neglect balancing factors)