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PRIMO BEDDING CO., INC. v. R. ACRES, INC.

C.A. No. 24535.

2009 Ohio 3971

Primo Bedding Co., Inc., Appellee, v. R. Acres, Inc., Appellant.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: August 12, 2009.

Attorney(s) appearing for the Case

Joseph D. Carney and Sean T. Needham, attorneys at law, for appellant.

Shawn W. Schlesinger, attorney at law, for appellee.

James Reed Foos, Jr., attorney at law, for appellee.

DECISION AND JOURNAL ENTRY

DICKINSON, Judge.

INTRODUCTION

{¶1} Primo Bedding Co. Inc. sued R. Acres Inc., alleging R. Acres failed to pay it for goods. When R. Acres did not answer, the trial court entered a default judgment for Primo Bedding. R. Acres moved for relief from judgment under Rule 60(B) of the Ohio Rules of Civil Procedure, alleging excusable neglect. The court denied its motion, concluding that its failure to retain...

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