Altman v. Parker

Cunningham, Judge.

{¶ 1} Defendant-appellant Dave Parker appeals from the judgment of the Hamilton County Court of Common Pleas overruling his motion to set aside a 1999 default judgment that was entered for plaintiffs-appellees Kimberly and Timothy Altman. The trial court overruled the motion without a hearing, determining that Parker had failed to rebut the presumption of proper service and that laches applied. In three assignments of error, Parker argues the trial court erred by overruling his motion. For the reasons that follow, we reverse the trial court's judgment and remand for an…