Blasco v. Mislik

A party seeking relief from a default judgment pursuant to Civ. R. 60(B) must show (1) the existence of a meritorious defense, (2) entitlement to relief under one of the grounds set forth in the rule, and (3) that the motion is made within a reasonable time. GTE Automatic Electric v. ARC Industries (1976), 47 Ohio St. 2d 146. In the instant case, the appellant has failed to allege operative facts which meet the second and third requirements of this test.

Civ. R. 60(B) is a remedial rule and should be liberally construed, Colley v. Bazell (1980), 64 Ohio St. 2d 243, 248. Nevertheless, absent a…