CUERVO v. SNELL

No. 98AP-110.

131 Ohio App.3d 560 (1998)

CUERVO et al., Appellees, v. SNELL, Appellant, et al.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 1, 1998.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, Robert J. Sidman and Randall D. LaTour, for appellees Andrew Cuervo et al.

Johrendt, Cook & Eberhart, Michael J. Johrendt and Mark R. Blackmer, for appellant.


PETREE, Judge.

Defendant, Stephen H. Snell, appeals from a judgment of the Franklin County Court of Common Pleas denying his Civ.R. 60(B)(5) motion for relief from judgment and advances the following three assignments of error:

"[I]. The trial court erred to the prejudice of defendant in denying the motion for relief from judgment on the grounds that Civil Rule 60(B)(5) was inapplicable; rather, relief under Rule 60(B)(5) is available to avoid injustice and...

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