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HARRISON v. DOERNER

No. 94270.

2010 Ohio 4682

Edward C. Harrison, Jr., Plaintiff-Appellee, v. James J. Doerner, Jr., Defendant-Appellant.

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

RELEASED AND JOURNALIZED: September 30, 2010.

Attorney(s) appearing for the Case

Joel A. Nash, 4325 Mayfield Road, Cleveland, Ohio 44121, Attorney for Appellant.

David Ledman, Law Office of David Ledman, 35000 Chardon Road, Suite 105, Willoughby Hills, Ohio 44094, Attorney for Appellee.

Before: Blackmon, P.J., Boyle, J., and Cooney, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, P.J.

{¶ 1} Appellant James J. Doerner, Jr. appeals the trial court's denial of his motion to set aside judgment and assigns the following errors for our review:

"I. The trial court erred in ruling untimely appellant's Civ.R. 60(B)(5) motion filed four (4) years and three (3) months after judgment without considering that a fraud had been perpetrated upon the court."...

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