CARUSO-CIRESI, INC. v. LOHMAN

No. 82-442.

5 Ohio St. 3d 64 (1983)

CARUSO-CIRESI, INC., APPELLEE, v. LOHMAN ET AL.; BECKMAN ENTERPRISES, INC., APPELLANT.

Supreme Court of Ohio.

Decided May 25, 1983.


Attorney(s) appearing for the Case

Thompson & Co., L.P.A., and Mr. James W. Thompson, for appellee.

Mr. Dale N. Breig, for appellant.


COOK, J.

The sole question presented by this appeal is whether it was an abuse of discretion for the trial court to grant appellant's motion, under Civ. R. 60(B)(5), to vacate the default judgment previously entered.

Civ. R. 60(B) states, in part:

"On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise...

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