Newton v. Ohio Department of Mental Health

DeaN Strausbaugh, Judge.

The above-captioned case was scheduled for trial on April 22, 1996. Neither plaintiff, Charles L. Newton, nor his counsel appeared for trial. The court overruled defendant’s motion to dismiss plaintiffs complaint and ordered that the case be continued to April 23, 1996. Plaintiff and his counsel again failed to appear for trial. Defendant made an oral motion for default judgment. On April 23, 1996, the court dismissed plaintiffs case with prejudice for want of prosecution.

On April 26,1996, plaintiff filed a Civ.R. 60(B) motion for relief from judgment, citing an…