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Bishop v. Kirby

Court of Appeals of Ohio, Twelfth District, Clinton County
Jan 22, 2002
(Accelerated Calendar) Case No. CA2001-09-028 (Ohio Ct. App. Jan. 22, 2002)

Opinion

(Accelerated Calendar) Case No. CA2001-09-028.

January 22, 2002.


JUDGMENT ENTRY


This cause is an accelerated appeal from the Clinton County Court of Common Pleas in which the trial court granted the Civ.R. 60(B) motion for relief from judgment of defendant-appellee, Eastern Savings Bank.

Appellants' assignment of error is overruled since the trial court's decision to grant the 60(B) motion was not an abuse of discretion. Rose Chevrolet, Inc. v. Adams (1988), 36 Ohio St.3d 17, 20; Brewer v. Butler Cty. Bldg. Zoning Dept. (2001), 142 Ohio App.3d 567, 576-77. The record supports a finding that the motion was granted within a reasonable time, that appellee is entitled to relief under the grounds set forth in Civ.R. 60(B)(1)-(5), and that appellee has a valid defense to present if relief is granted. See GTE Automatic Elec., Inc. v. ARC Industries, Inc. (1976), 47 Ohio St.2d 146, 150-51.

The judgment of the trial court is affirmed.

Pursuant to App.R. 11.1(E), this entry shall not be relied upon as authority and will not be published in any form. A certified copy of this judgment entry shall constitute the mandate pursuant to App.R. 27.

Costs to be taxed in compliance with App.R. 24.

Anthony Valen, Judge, and Stephen W. Powell, Judge, concur.


Summaries of

Bishop v. Kirby

Court of Appeals of Ohio, Twelfth District, Clinton County
Jan 22, 2002
(Accelerated Calendar) Case No. CA2001-09-028 (Ohio Ct. App. Jan. 22, 2002)
Case details for

Bishop v. Kirby

Case Details

Full title:Ben Bishop, et al., Plaintiffs-Appellants, v. Mark Kirby, et al.…

Court:Court of Appeals of Ohio, Twelfth District, Clinton County

Date published: Jan 22, 2002

Citations

(Accelerated Calendar) Case No. CA2001-09-028 (Ohio Ct. App. Jan. 22, 2002)