Deutsche Bank National Trust Co. v. Wolfe

Summary

The Fifth District Court of Appeals affirmed the denial of Anita Graf and Neil Morgan's Civil Rule 60(B)(3) motion seeking relief from a foreclosure judgment. The court held that their allegations concerning omitted mortgage payments and inaccuracies in the bank's records attacked the evidence supporting summary judgment and should have been raised at the summary-judgment stage or on direct appeal.

Holdings

1. A Civ.R. 60(B) motion is not a proper vehicle to attack the evidence on which a trial court relied in granting summary judgment when the alleged error could have been raised at the summary-judgment stage or in a direct appeal.
2. The trial court did not abuse its discretion by denying Graf and Morgan's Civ.R. 60(B)(3) motion because their alleged defects in the bank's payment records and affidavit were challenges to the original foreclosure judgment that should have been raised earlier.

Questions Presented

1. Whether a Civ.R. 60(B)(3) motion may be used to challenge the accuracy or sufficiency of evidence supporting a prior summary-judgment foreclosure decree when the alleged evidentiary error could have been raised before judgment or on direct appeal.
2. Whether the trial court abused its discretion by denying Graf and Morgan's Civ.R. 60(B)(3) motion for relief from the foreclosure judgment.

Disposition

affirmed