Cuervo v. Snell

Petree, Judge.

Defendant, Stephen H. Snell, appeals from a judgment of the Franklin County Court of Common Pleas denying his Civ.R. 60(B)(5) motion for relief from judgment and advances the following three assignments of error:

“[I]. The trial court erred to the prejudice of defendant in denying the motion for relief from judgment on the grounds that Civil Rule 60(B)(5) was inapplicable; rather, relief under Rule 60(B)(5) is available to avoid injustice and inequity relating to either the obtaining or ‘maintaining’ of a default judgment.

“[II]. The trial court erred as a matter of law in denying…