GTE AUTOMATIC ELECTRIC v. ARC INDUSTRIES

No. 75-1011.

47 Ohio St. 2d 146 (1976)

GTE AUTOMATIC ELECTRIC, INC., APPELLEE, v. ARC INDUSTRIES, INC., APPELLANT.

Supreme Court of Ohio.

Decided July 21, 1976.


Attorney(s) appearing for the Case

Messrs. Zacks, Luper & Wolinetz and Mr. Frederick M. Luper, for appellee.

Messrs. Van Heyde, Zuber & Rothgeb and Mr. Robert L. Van Heyde, for appellant.


O'NEILL, C. J.

The 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), to vacate the default judgment previously entered. Since this court finds that the trial court did abuse its discretion under the facts of this case, the judgment of the Court of Appeals must be affirmed.

Initially, however, the court must first determine that an order vacating a default judgment...

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