Legal Opinion

Courtney v. Sosbe

Toledo Municipal Court

Decided March 28, 1996No. CVE-93-13029Published

1Opinion of the Court

Thomas J. Osowik, Judge.

The court finds that this matter came on for determination of the defendant’s motion to vacate a default judgment rendered against him on May 24, 1994.

On December 1, 1995, the defendant filed a motion to vacate this default judgment.

Pursuant to Civ.R. 55(B), default judgments may be set aside in accordance with Civ.R. 60(B).

Civ.R. 60 governs the procedure to be followed when a party seeks to vacate a judgment. That rule states as follows:

“(A) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight…

2Cases cited7 opinions

  1. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
  2. Boone v. LightnerSupreme Court of the United States · 1943
  3. Power v. Power, Texas Court of Appeals, 1st District (Houston)1986
  4. Allen v. HowardCourt of Appeals of Georgia · 1988
  5. Nurse v. PortisOhio Court of Appeals · 1987

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