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TOKAR v. TOKAR

No. 93506.

2010 Ohio 524

Jane Tokar, Plaintiff-Appellee, v. Jay Tokar, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 18, 2010.

Attorney(s) appearing for the Case

James W. Burke, Burke, Vannucci & Gallagher, 22649 Lorain Road, Fairview Park, Ohio 44126, Attorney for Appellant.

Richard A. Rabb, McCarthy, Lebit, Crystal & Liffman, 1800 Midland Building, 101 West Prospect Avenue, Cleveland, Ohio 44115, Attorney for Appellee.

Before: Blackmon, J., Gallagher A.J., and Boyle, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} In this accelerated appeal, appellant Jay G. Tokar appeals the trial court's denial of his motion for relief from judgment without first conducting a hearing and assigns the following error for our review:

"I. The trial court abused its discretion in denying a hearing where grounds for relief from judgment are sufficiently alleged and are supported with evidence which...

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