BANK OF AM., N.A. v. KUCHTA

No. 2013-0304.

141 Ohio St.3d 75 (2014)

2014-Ohio-4275

BANK OF AMERICA, N.A., Appellant, v. KUCHTA ET AL., Appellees.

Supreme Court of Ohio.

Decided October 8, 2014.


Attorney(s) appearing for the Case

Thompson Hine, L.L.P., Scott A. King , and Terry W. Posey Jr. , for appellant.

Dann, Doberdruk & Harshman, Grace M. Doberdruk , Marc E. Dann , Daniel M. Solar , and James R. Douglass , for appellees.

Andrew M. Engel Co., L.P.A., and Andrew M. Engel ; and Mills, Mills, Fiely & Lucas, L.L.C., and John Sherrod , urging affirmance for amici curiae Joseph and Lori LaPierre.

Ohio Poverty Law Center, L.L.C., and Linda Cook ; Southeastern Ohio Legal Services and Peggy P. Lee ; Legal Aid Society of Southwest Ohio, L.L.C., and Noel M. Morgan ; Advocates for Basic Legal Equality, Inc., and Andrew D. Neuhauser , urging affirmance for amici curiae Ohio Poverty Law Center, L.L.C., Southeastern Ohio Legal Services, Legal Aid Society of Southwest Ohio, L.L.C., and Advocates for Basic Legal Equality, Inc.


{¶ 1} In this appeal, we are asked to resolve a conflict regarding a party's ability to collaterally attack a judgment in a foreclosure action by asserting the issue of standing in a Civ.R. 60(B) motion for relief from judgment. For the reasons that follow, we conclude that a Civ.R. 60(B) motion cannot be used as...

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