GMS Management Co. v. Axe

This matter came on for decision on defendants’ Civ. R. 60(B)(1) through (5) motion to vacate judgment, the brief in support thereof, and the exhibits attached thereto. Plaintiff has made no response to the motion within the time allowed by rule of court, and has not submitted any evidence in opposition to the motion. No oral hearing was held on the motion, and no evidence other than that mentioned above was considered by the court.

The record in this case reflects the following: On March 23, 1981, plaintiff filed a complaint in forcible entry and de-tainer against the defendants Howard Axe…