Argo Plastic Products Co. v. City of Cleveland

The question facing this court in the present case is whether the trial court erred in denying the city’s request for relief under Civ. R. 60(B). For the following reasons, we hold that the trial court properly denied the relief from judgment requested by the city.

Civ. R. 60(B) provides in relevant part:

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; * * *.”

In GTE Automatic Electric v. ARC Industries (1976), 47…