CROUSER v. CROUSER

No. 87-1167.

39 Ohio St. 3d 177 (1988)

CROUSER, APPELLANT, v. CROUSER, APPELLEE.

Supreme Court of Ohio.

Decided October 26, 1988.


Attorney(s) appearing for the Case

Coffman, Lewis, Graham, Watson, Vinsel & Erhard Co., L.P.A., Mark A. Watson, Robert R. Graham, Graham, McClelland, McCann & Ransbottom Co., L.P.A., and Jeffrey A. Hooper, for appellant.

Hobday & Piper and John D. Hobday, for appellee.


MOYER, C.J.

This appeal presents one issue for review—whether a court of common pleas has jurisdiction under Civ. R. 60(B)(4) or 60(B)(5) to vacate a periodic alimony award, which has been litigated, ordered by the trial court and incorporated into a divorce decree.

This case can be characterized as a choice between use of substantive law adopted by the General Assembly through R.C. 3105.18 and 3105.65, and use of a procedural mechanism provided by...

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