Town & Country Drive-In Shopping Centers, Inc. v. Abraham

This is an appeal of a judgment of the Court of Common Pleas of Franklin County denying the motion of the third-party plaintiff, the appellant herein, to vacate a prior judgment of the Court of Common Pleas, such motion being based on Civ. R. 60(B)(5) with the allegations being that the third-party plaintiff, Kitty’s Showbar, Inc., owned by Charles Abraham, had been deprived of its right of appeal because no notice of a decision or judgment of the Court of Common Pleas had been given until the time of appeal had expired.

The limited but pertinent facts upon which this appeal rests are that the…