GTE Automatic Electric, Inc. v. ARC Industries, Inc.
Ohio Supreme Court
1Opinion of the CourtO ’Neill, C. J.
The question presented by this appeal is whether it was an abuse .of discretion for the trial court to grant appellant’s motion; under Civ. R. 60(B), to vacate the default judgment previously entered. Since this court finds that the trial court did abuse its discretion under the facts of this case, the judgment of the Court of Appeals must be affirmed.
Initially, however, the court must first determine that an order vacating a default judgment is a final order and, therefore, appealable. Section 3(B)(2), Article IV of the Ohio Constitution.
The general rule in the federal courts is that an…
2Cases cited16 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
- Adomeit v. BaltimoreOhio Court of Appeals · 1974
- Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
- Hamden Lodge No. 517 v. Ohio Fuel Gas Co.Ohio Supreme Court · 1934
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3Cited by1,153 opinions
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- Bank of Am., N.A. v. Kuchta (Slip Opinion)Ohio Supreme Court · 2014
- Strack v. PeltonOhio Supreme Court · 1994
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