Hilliard Lending, L.L.C. v. H-9, L.L.C.

Summary

The Ohio Ninth District Court of Appeals affirmed a Lorain County Court of Common Pleas judgment entered on a cognovit promissory note against H-9, LLC and Hilliard Partnership, LLC. The court held that reconsideration under Civ.R. 54(B) was properly denied because the asserted defenses were insufficiently supported, and that Civ.R. 60(B) relief and an evidentiary hearing were unavailable because the motion was filed before entry of a final judgment.

Holdings

1. The trial court did not abuse its discretion in denying the motion for reconsideration because appellants did not adequately demonstrate a meritorious defense to the cognovit judgment.
2. Civ.R. 60(B) was not a proper procedural mechanism for seeking relief from the March 24, 2023 order because that order was not a final judgment when appellants filed their motion.
3. The trial court was not required to hold an evidentiary hearing because the Civ.R. 60(B) motion was not properly before the court.

Questions Presented

1. Whether the trial court abused its discretion by denying appellants' Civ.R. 54(B) motion for reconsideration of the nonfinal cognovit judgment.
2. Whether the trial court abused its discretion by denying appellants' alternative Civ.R. 60(B) motion for relief from judgment.
3. Whether the trial court was required to hold an evidentiary hearing on the Civ.R. 60(B) motion.

Disposition

affirmed