Larson v. Umoh

For the reasons herein stated I respectfully dissent.

I agree with the majority’s decision that a motion to vacate judgment made pursuant to Civ. R. 60(B) may be filed by an evicted tenant in a forcible entry and detainer action and that such relief is not precluded by the exception recited in Civ. R. 1(C)(3). I further agree that appellant, in his motion to vacate judgment, satisfied the first prong of Civ. R. 60(B)(1) when he alleged that he did not receive a three-day notice of eviction and that he was not in this country on the day the eviction proceeding was had.

Appellant also satisfied…