Bates & Springer, Inc. v. Stallworth

On May 24, 1974, the plaintiff-appellant, Bates & Springer, Inc., hereinafter referred to as the appellant, took a cognovit judgment against the defendant-appellee, McKinley Stallworth, hereinafter referred to as the appellee, in the Cleveland Municipal Court. The appellant’s cognovit judgment was based upon a promissory note containing a confession of judgment purportedly signed by the appellee which was incorporated within a lease agreement between the parties dated Jnne 1, 1973.

On January 8, 1976, the appellee filed a motion for relief from judgment under Civ. R. 60(B). The motion…