Summary
The Fifth District Court of Appeals of Ohio affirmed the Canton Municipal Court's denial of Bradley Swinderman's motion to vacate a default judgment for unpaid legal fees. The court held that Swinderman failed to demonstrate a meritorious defense or excusable neglect under Civ.R. 60(B). The court also noted that his appellate brief failed to comply with App.R. 16 but reviewed the appeal in the interests of justice and finality.
Court
Court of Appeals of Ohio, Fifth Appellate District, Stark County
Jurisdiction
Ohio Court of Appeals, Fifth Appellate District, Stark County
Decision date
March 4, 2026
Docket number
2025CA00075
Disposition
affirmed
Questions Presented
- Whether the municipal court abused its discretion by denying Swinderman's Civ.R. 60(B) motion to vacate the default judgment.
- Whether Swinderman demonstrated a meritorious defense or claim and excusable neglect sufficient to obtain relief under Civ.R. 60(B).
- Whether the appellate court should dismiss the appeal because Swinderman's brief failed to comply with App.R. 16(A).
Holdings
- An appellant's failure to comply with the mandatory requirements of App.R. 16(A) may permit dismissal of the appeal, but the court may elect to review the appeal in the interests of justice and finality.
- A Civ.R. 60(B) movant must establish a meritorious defense or claim, entitlement to relief under Civ.R. 60(B)(1) through (5), and a timely motion. Swinderman was not entitled to relief because he failed to show a meritorious defense and failed to establish excusable neglect.
Court Document
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