Aboagye v. Peake

Summary

The Ohio Second District Court of Appeals affirmed the denial of Lathedia Peake’s Civ.R. 60(B) motion seeking relief from a default judgment. The court held that Peake failed to establish grounds for relief under Civ.R. 60(B)(1) or (5), including because she did not deny service of process, failed to protect her interests, and filed the motion nearly five years after judgment. The court also rejected her reliance on a case involving a complaint that failed to state a valid claim.

Holdings

1. A movant seeking relief from judgment under Civ.R. 60(B) must demonstrate a meritorious defense or claim, entitlement to relief under one of the grounds stated in Civ.R. 60(B), and that the motion was filed within a reasonable time; all three requirements must be satisfied.
2. Civ.R. 60(B)(5) is an extraordinary catchall provision and cannot be used as a substitute for Civ.R. 60(B)(1), (2), or (3), or to protect a party who ignores the duty to protect her own interests.
3. A Civ.R. 60(B) motion must be supported by evidentiary material containing operative facts; a conclusory affidavit merely attesting to the truth of facts stated elsewhere in the motion is insufficient.
4. The trial court did not abuse its discretion in denying Lathedia Peake's motion to vacate the default judgment because, although she alleged a possible meritorious defense, she failed to establish a qualifying ground for relief and filed the motion outside the one-year period applicable to Civ.R. 60(B)(1).

Questions Presented

1. Whether the trial court abused its discretion by denying Lathedia Peake's Civ.R. 60(B) motion for relief from the default judgment.
2. Whether Lathedia established the requirements for relief under Civ.R. 60(B), including a meritorious defense, entitlement to relief under an enumerated ground, and filing within a reasonable time.
3. Whether Civ.R. 60(B)(5) could provide relief when Lathedia received service but failed to protect her interests and the motion was filed nearly five years after judgment.

Disposition

affirmed