First Natl. Bank v. Netherton, Unpublished Decision (12-23-2004)

DECISION AND JUDGMENT ENTRY

{¶ 1} Robert L. Netherton and R.L. Netherton Enterprises, Inc. (collectively referred to as "Netherton") appeal the trial court's order denying their Civ.R. 60(B)(5) motion for relief from judgment upon two cognovit judgments. In addition to their arguments on the merits, appellants assert that the trial court erroneously failed to issue findings of fact and conclusions of law under Civ.R. 52.

{¶ 2} Because the court did not issue Civ.R. 52 findings of fact and conclusions of law upon Netherton's timely request, no final appealable order exists and we are without…