Caruso-Ciresi, Inc. v. Lohman

The sole question presented by this appeal is whether it was an abuse of discretion for the trial court to grant appellant’s motion, under Civ. R. 60(B)(5), to vacate the default judgment previously entered.

Civ. R. 60(B) states, in part:

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule…