HARRY G. BEYOGLIDES, JR., Plaintiff-Appellee,
v.
CAYE ELMORE, et al., Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on August 31, 2012.
Rendered on August 31, 2012.
Attorney(s) appearing for the Case
HARRY BEYOGLIDES, JR. , Atty. Reg. #0018959, 130 West Second Street, Suite 1500, Dayton, Ohio 45402, Plaintiff-Appellee, pro se.
WILLIAM R. MILLER , Atty. Reg. #0068725, 111 West First Street, Suite 519, Dayton, Ohio 45402, Attorney for Defendant-Appellant, Caye Elmore.
CROFFORD MACKLIN , Atty. Reg. #0022983, and THOMAS KNOTH , THOMPSON HINE LLP, Atty. Reg. #0034240, Austin Landing I, 10050 Innovation Drive, Suite 400, Dayton, Ohio 45342, Attorneys for Defendant-Appellee, Wright State University Foundation, Inc.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Defendant-appellant Caye Elmore appeals from an order of the Montgomery County Common Pleas Court, Probate Division, modifying its prior order construing a will. Elmore contends that the trial court erred by granting relief, under Civ.R. 60(B), from the original order construing the will.
{¶ 2} We conclude that the trial court erred by using Civ.R. 60(B)(5) as a substitute for a direct appeal...
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