First Bank of Marietta v. Mascrete, Inc.

[This opinion has been published in Ohio Official Reports at 79 Ohio St.3d 503.] FIRST BANK OF MARIETTA, APPELLEE, v. MASCRETE, INC. ET AL.; ROSLOVIC & PARTNERS, INC., APPELLANT. [Cite as First Bank of Marietta v. Mascrete, Inc.,

1997-Ohio-158.] Civil procedure—Contempt hearing may be considered a trial for purposes of a Civ.R. 59 motion for new trial—Proceeding is considered a trial for purposes of Civ.R. 59 when indicia of trial substantially predominate in the proceeding. 1. A contempt hearing may be considered a trial for purposes of a Civ.R. 59 motion for a new trial. 2. A proceeding is…