NATIONWIDE MUT. FIRE INS. CO. v. BARRETT

No. 08 MA 130.

2008 Ohio 6588

Nationwide Mutual Fire Insurance Company, Plaintiff-Appellee, v. David Barrett, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: December 12, 2008.


Attorney(s) appearing for the Case

Shaun Young, 55 Public Square, #800, Cleveland, Ohio 44113, for Plaintiff-Appellee.

John Dixon, Huntington Bank Building, 26 Market Street, Suite 610, Youngstown, Ohio 44503, for Defendant-Appellant.

Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite.


OPINION

VUKOVICH, J.

¶{1} Defendant-appellant David Barrett appeals the decision of the Youngstown Municipal Court denying his motion to vacate default judgment entered against him and his motion for a continuance of the hearing on the motion to vacate. Three issues are raised in this appeal. First is whether the trial court abused its discretion when it denied the motion to vacate that was based on lack of service and supported by an affidavit...

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