The Landings at Beckett Ridge, LLC v. Holmes

Summary

The Ohio Twelfth District Court of Appeals affirmed the denial of Rosalind Holmes's Civ.R. 60(B) motion for relief from a judgment granting restitution of leased premises to The Landings at Beckett Ridge. The court held that the motion was untimely and that Holmes failed to establish a meritorious claim or entitlement to relief. The court also held that Holmes's challenge to the forcible-entry-and-detainer judgment was moot because she had vacated the premises and the landlord had retaken possession.

Holdings

1. The trial court did not abuse its discretion in denying Holmes's motion for relief from judgment because the motion was untimely and Holmes failed to establish a meritorious defense or claim and entitlement to relief under Civ.R. 60(B).
2. Holmes's manifest-weight challenge was moot because she had vacated the apartment and Landings had retaken possession, leaving no further relief available in the forcible-entry-and-detainer action.

Questions Presented

1. Whether the trial court abused its discretion by denying Holmes's Civ.R. 60(B)(3) and (5) motion for relief from judgment as untimely and unsupported.
2. Whether Holmes could obtain appellate relief on her claim that the judgment awarding restitution of the premises was against the manifest weight of the evidence after she had vacated the premises and Landings had retaken possession.

Disposition

affirmed