Muskingum County v. Melvin

Defendants-appellants, Ronald L. Melvin and Ruth Melvin (appellants), appeal from two judgments entered in the Court of Common Pleas, Muskingum County, to-wit: (1) a February 2, 1990 journal entry granting a default judgment in favor of plaintiff-appellee, the County of Muskingum, Ohio (appellee); and (2) a March 5, 1990 journal entry overruling appellants' motion for leave to file their answer out of rule. Appellants seek our review and assign the following as error:

"I. TRIAL COURT ABUSED ITS DISCRETION IN FAILING TO AFFORD DEFENDANTS A REARING ON THE MOTION FOR LEAVE TO FILE THEIR ANSWER…