TOWN & COUNTRY DRIVE-IN SHOPPING CENTERS, INC. v. ABRAHAM

No. 75AP-266.

46 Ohio App. 2d 262 (1975)

TOWN & COUNTRY DRIVE-IN SHOPPING CENTERS, INC., ET AL., APPELLEES, v. ABRAHAM ET AL., APPELLEES; KITTY'S SHOWBAR, INC., APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided December 9, 1975.


Attorney(s) appearing for the Case

Messrs. Lane, Alton & Horst, for appellees Ohio Bell Telephone Co. and G. G. K. & M. Co.

Messrs. Abraham, Purkey & Baesman, for appellant Kitty's Showbar, Inc.


HOLMES, J.

This is an appeal of a judgment of the Court of Common Pleas of Franklin County denying the motion of the third-party plaintiff, the appellant herein, to vacate a prior judgment of the Court of Common Pleas, such motion being based on Civ. R. 60(B) (5) with the allegations being that the third-party plaintiff, Kitty's Showbar, Inc., owned by Charles Abraham, had been deprived of its right of appeal because no notice of a decision or judgment of the Court...

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