Gaines & Stern Co. v. Schwarzwald, Robiner, Wolf & Rock, Co.

I respectfully dissent on two grounds. First, the law of this state indicates that if grounds for relief from judgment are apparent, the court is obligated to hold an evidentiary hearing prior to overruling a motion requesting such relief. U.A.P. Columbus JV326132 v. Plum (1986), 27 Ohio App.3d 293, 27 OBR 338, 500 N.E.2d 924. Also, Neubauer v. Kender (1986), 32 Ohio App.3d 49, 513 N.E.2d 1359. Since the court below did not hold a hearing, yet overruled the motion, the court abused its discretion. The majority opinion from the appellate court equates the appellants’ failure to exhaust all…