Attorney(s) appearing for the Case
Mr. Thomas A. Kondzer and Mr. Walter T. Spalding, Jr., for appellee.
Messrs. Garofoli, Kraus, Hill, Roth & Bartunek, Mr. Anthony J. Garofoli, Mr. William J. Kraus and Mr. Gary S. Okin, for appellant.
Supreme Court of Ohio.
The question presented in this appeal is whether the trial court abused its discretion in granting appellee relief from judgment pursuant to Civ. R. 60(B)(5). Civ. R. 60(B) states as follows:
"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 or excusable neglect; (2) newly discovered evidence...
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