Strack v. Pelton

This case presents the question whether a motion for relief from judgment pursuant to Civ.R. 60(B) is timely when filed more than one year after judgment, and more than one year after the new evidence upon which it is based became admissible. For the following reasons, we hold that it is not.

Civ.R. 60(B) provides in part:

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due…