Twinsburg Banking Co. v. Rhea Construction Co.

Appellants, Rhea Construction Company, Inc., Joseph Rhea, and Joseph Latina appeal the trial court’s decision in overruling their Civ. R. 60(B) motion for relief from a cognovit judgment. This decision is reversed and the cause is remanded.

In October 1981, appellants defaulted on two cognovit notes held by appellee, the Twinsburg Banking Company. On June 8, 1982, appellee took judgment by the use of the warrant of attorney to confess judgment in the notes. On July 23, 1982, appellants moved for relief from judgment pursuant to Civ. R. 60(B)(3). Both the appellants and appellee filed briefs…