Legal Opinion

Doe v. Trumbull County Children Services Board

Ohio Supreme Court

Decided December 24, 1986No. 85-1359PublishedCited by 128 opinions

1Opinion of the CourtWright, J.

Appellant maintains the court of appeals erred by concluding that Civ. R. 60(B) authorizes relief from final judgment when a rule of law, upon which the trial court predicated its holding, is subsequently overruled, revised or modified in an unrelated proceeding. Conversely, appellee argues the rule allows for relief from final judgment where a post-judgment decisional change in the law occurs and the motion for relief from judgment is made within a reasonable time. For the reasons that follow, this court holds that a subsequent change in the controlling case law in an unrelated proceeding…

2Cases cited19 opinions

  1. Ackermann v. United StatesSupreme Court of the United States · 1950
  2. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
  3. Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
  4. Colley v. BazellOhio Supreme Court · 1980
  5. L. C. Collins and Lucille Collins, His Wife Earl Schneider and Mildred Schneider, His Wife v. The City of Wichita, Kansas, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1958

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3Cited by128 opinions

  1. National Amusements, Inc. v. City of SpringdaleOhio Supreme Court · 1990
  2. Ali v. StateOhio Supreme Court · 2004
  3. Transamerica Insurance v. NolanOhio Supreme Court · 1995
  4. State v. BrownOhio Court of Appeals · 2006
  5. Bank of Am., N.A. v. PasqualoneOhio Court of Appeals · 2013

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