Svoboda v. City of Brunswick

The question in this appeal is whether the trial court erred in holding that the plaintiff was not entitled to relief from judgment under Civ. R. 60 (B). Whether plaintiff is entitled to relief from judgment depends upon whether the particular difficulties he faced in obtaining an attorney may be considered “excusable neglect” under Civ. R. 60 (B)(1).

The extent to which certain actions may be regarded as constituting “excusable neglect” was examined by this court in Colley v. Bazell (1980), 64 Ohio St. 2d 243, 248 [18 O.O.3d 442], wherein we stated:

“* * * [T]he concept of ‘excusable neglect’…