CATANZARITE & CO. v. ROOF

No. 10860.

8 Ohio App. 3d 282 (1983)

CATANZARITE & CO., APPELLANT, v. ROOF, APPELLEE.

Court of Appeals of Ohio, Summit County.

Decided March 9, 1983.


Attorney(s) appearing for the Case

Mr. Robert J. Burns, for appellant.

Mr. Daniel R. McCarthy, for appellee.


GEORGE, J.

This appeal concerns the vacation of a judgment granted "in favor of the plaintiff and against the defendant." The judgment was granted at a motion hearing, when the defendant failed to appear, and pursuant to Civ. R. 37(B)(2)(c), as a sanction for a failure to comply with the court's order of discovery. The judgment additionally provided for a hearing to determine the issue of damages. Upon the defendant's subsequent motion, the court vacated the judgment...

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