McKenzie v. Davies, 22932 (4-17-2009)

OPINION

{¶ 1} Aaron and Marie Davies appeal from a judgment of the Miamisburg Municipal Court, which overruled their Civ. R. 60(B) motion for relief from a default judgment entered in favor of their prior landlord, Delia McKenzie.

{¶ 2} We conclude that the trial court erred in overruling the Davieses' motion for relief from judgment. Accordingly, the judgment of the trial court will be reversed, and this matter will be remanded for further proceedings.

I

{¶ 3} In 1999, the Davieses rented a residence from McKenzie at 4534 Harbison Street in Miamisburg1 . After the initial one-year lease term,…