Simmons Cap Advisors v. Kendall Group, Ltd., Unpublished Decision (5-9-2006)

OPINION

{¶ 1} Defendants-appellants, The Kendall Group, Limited, and Gary and Lisa Bachinski, appeal from the judgment of the Franklin County Court of Common Pleas, which denied appellants' Civ.R. 60(B) motion for relief from a January 13, 2005 cognovit judgment awarded to plaintiff-appellee, Simmons Capital Advisors, Ltd.

{¶ 2} On January 13, 2005, appellee filed a complaint seeking a monetary judgment of $178,916.83 plus interest, attorney fees, and court costs against appellants for their failure to make required payments to appellee on a cognovit note. A cognovit note contains provisions…