City of Middletown v. Campbell

This cause came on to be heard upon an appeal from the Court of Common Pleas of Butler County.

Procedurally this appeal comes to us from the trial court’s vacation of a default judgment pursuant to Civ. R. 60(B)(1). The sole assignment of error by the city of Middletown, plaintiff-appellant herein, alleges the trial court abused its discretion in setting aside the default judgment entered against Vernon and Kathleen Campbell, defendants-appellees herein. Appellant contends the appellees failed to meet the test for granting Civ. R. 60(B) motions enunciated in Adomeit v. Baltimore (1974), 39…