Catanzarite Co. v. Roof

This appeal concerns the vacation of a judgment granted “in favor of the plaintiff and against the defendant.” The judgment was granted at a motion hearing, when the defendant failed to appear, and pursuant to Civ. R. 37(B)(2)(c), as a sanction for a failure to comply with the court’s order of discovery. The judgment additionally provided for a hearing to determine the issue of damages. Upon the defendant’s subsequent motion, the court vacated the judgment and imposed a lesser sanction.

It is from this state of the record that the plaintiff brings this appeal using the rationale of GTE…