Bobb v. Marchant

The court of appeals dismissed the complaint on the ground of mootness. It of course was not moot, because the hearing of May 3, 1983 was not held. Once this fact was brought to the attention of the court of appeals, it should have granted relief from its earlier dismissal pursuant to the “other reason” provision of Civ. R. 60(B)(5). “It is generally held that court errors and omissions are reasons justifying relief under the ‘other reason’ clause.” State, ex rel. Gyurcsik, v. Angelotta (1977), 50 Ohio St. 2d 345, 347 [4 O.O.3d 482].

This brings us to the merit issue of whether the writ should…