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RUSSO v. FONSECA

No. 98527.

2012 Ohio 5714

CHRISTINE RUSSO, PLAINTIFF-APPELLANT, v. CALIXTO FONSECA, DEFENDANT-APPELLEE.

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

Released and Journalized: December 6, 2012.

Attorney(s) appearing for the Case

Ronald A. Annotico , O'Shea & Associates Co., LPA, Beachcliff Market Square, 19300 Detroit Road, Suite 202, Rocky River, Ohio 44116, Attorney for Appellant.

Jessica Handlos , Seeley, Savidge, Ebert & Gourash Co., 26600 Detroit Road, 3rd Floor, Cleveland, Ohio 44145, Andrew S. Pollis , Milton A. Kramer Law Clinic Center, Case Western Reserve University, School of Law, 11075 East Boulevard, Cleveland, Ohio 44106, Attorneys for Appellee.

BEFORE: Blackmon, A.J., Jones, J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, A.J.

{¶1} Appellant Christine Russo appeals the trial court's decision granting Calixto Fonseca's motion to vacate a default judgment and assigns the following error for our review:

I. The trial court erred in finding that defendant demonstrated excusable neglect for the purposes of Defendant's Civ.R. 60(B) motion, and thus erred in vacating Plaintiff's default judgment.

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