Doddridge v. Fitzpatrick

The central issue raised by the instant cause is whether the Court of Common Pleas of Franklin County abused its discretion when it granted appellee’s motion to vacate the default judgment.2

*12Appellants argue, in effect, that the trial court abused its discretion (1) because, on a prior appeal, the Court of Appeals reversed and remanded for a hearing which the trial court never held and (2) because movant did not demonstrate to the trial court that his failure to answer was the result of excusable neglect, pursuant to Civ. R. 60 (B)(1).

Civ. R. 60 provides, in pertinent part:

“(B) On motion and…