OHIO VALLEY RADIOLOGY ASSOC., INC. v. OHIO VALLEY HOSP. ASSN.

No. 86-708.

28 Ohio St. 3d 118 (1986)

OHIO VALLEY RADIOLOGY ASSOCIATES, INC. ET AL., APPELLEES, v. OHIO VALLEY HOSPITAL ASSOCIATION ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 24, 1986.


Attorney(s) appearing for the Case

Michael F. Colley and Michael R. Thomas, for appellees.

Stern, Stern & Stern Co., L.P.A., and Gary M. Stern, for appellant Paul B. Lattin, D.O.

Jeffrey Orr Brown, for appellant Belen Vargas, M.D. and Young Lee, M.D.

Adrian Hershey, for appellant Hueng J. Yoo, M.D.


Per Curiam.

I

Under Civ. R. 55, when a party defending a claim has "failed to plead or otherwise defend," the court may, upon motion, enter a default judgment on behalf of the party asserting the claim. Civ. R. 55(A) and (C). If the defending party has failed to appear in the action, a default judgment may be entered without notice. If, however, the defending party has appeared in the action, the trial court must, by virtue of Civ. R. 55(A), afford...

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