Blue Durham Properties v. Krantz

Summary

The Ohio Eighth District Court of Appeals affirmed the denial of motions by attorney Stephen P. Hanudel and Marc and Stacey Krantz to vacate sanctions imposed after a frivolous motion for relief from a cognovit judgment. The court held that the motions were barred by res judicata and were untimely because the alleged fraud upon the court could have been raised during the sanctions proceedings or in the prior appeal. The court also affirmed the sanctions judgment against Hanudel and the Krantzes.

Holdings

1. The third motions for relief from judgment were barred by res judicata because the alleged conflict between the civil case cover sheet and counsel's affidavit was based on facts and documents available at the sanctions hearing and before the prior appeal.
2. The motions were untimely because they were filed approximately two years after the sanctions judgment and the appellants offered no reasonable explanation for the delay.
3. The trial court did not abuse its discretion in denying the appellants' third Civ.R. 60(B) motions to vacate sanctions.

Questions Presented

1. Whether the appellants' third Civ.R. 60(B) motions alleging fraud upon the court were barred by res judicata because the underlying facts could have been raised at the sanctions hearing or in the prior appeal.
2. Whether the third Civ.R. 60(B) motions were filed within a reasonable time.
3. Whether the trial court abused its discretion by denying the motions to vacate sanctions.

Disposition

affirmed