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Volodkevich v. Volodkevich

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eBook details

  • Title: Volodkevich v. Volodkevich
  • Author : The Supreme Court of the State of Ohio
  • Release Date : January 17, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

HERBERT R. BROWN, J. To prevail on a motion filed pursuant to Civ. R. 60(B),1 the movant must demonstrate: (1) that the party is entitled to
relief under one of the grounds stated in Civ. R. 60(B)(1) through (5); (2) that the party has a meritorious defense or claim
to present if relief is granted; and (3) that the motion is made within a reasonable time. See GTE Automatic Electric v. ARC
Industries (1976), 47 Ohio St.2d 146, 1 O.O. 3d 86, 351 N.E. 2d 113, paragraph two of the syllabus; Argo Plastic Products
Co. v. Cleveland (1984), 15 Ohio St.3d 389, 391, 15 OBR 505, 506-507, 474 N.E. 2d 328, 330; Svoboda v. Brunswick (1983), 6
Ohio St.3d 348, 351, 6 OBR 403, 406, 453 N.E. 2d 648, 651. The above three requirements are independent and in the conjunctive.
Unless each of the three is satisfied, relief must be denied. Argo, supra, at 391, 15 OBR at 507, 474 N.Es2d at 330; GTE,
supra, at 151, 1 O.O. 3d at 88, 351 N.E. 2d at 116.


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