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In re Guardianship of Matyaszek12/29/2004
146, paragraph 2 of the syllabus.
{ } All three requirements must be met for the motion to be granted. Rose Chevrolet, Inc. v. Adams (1988), 36 Ohio St.3d 17, 20.
{ } Appellant argues that the Probate Court abused its discretion in overruling Magistrate Poulous' findings that appellant was entitled to reopen the judgment of April 22, 1988. He claims it was error because he has met all the requirements of Civ.R. 60(B)(5).
{ } First, appellant claims that he has presented a meritorious claim that the Bronco in which he was injured was unreasonably dangerous and defectively designed. Appellee concedes this. Appellant has therefore met the first prong of establishing grounds to vacate under Civ.R. 60(B)(5).
{ } Appellant likewise contends that he has met the second and third requirements of (1) entitlement to relief under Civ.R. 60(B)(5); and (2) timeliness in requesting the judgment be vacated. This Court has already concluded that appellant has met the timeliness requirement. We will now address the last issue of whether appellant is entitled to relief under Civ.R. 60(B)(5) as a suit brought by a minor.
V. Standards for Relief Under Civ.R. 60(B)(5)
{ } Appellant argues that the Probate Court abused its discretion because it required a finding a fraud before vacating judgment. Appellant argues that a finding of fraud is not necessary to justify relief under Civ.R. 60(B)(5). Appellant argues that prejudicial irregularities in the proceedings also provide a ground to vacate.
{ } Civ.R. 60(B)(5) permits a court to vacate a judgment "on any other reason justifying relief from the judgment." Civ.R. 60(B) constitutes an attempt to "strike a proper balance between the conflicting principles that litigation must be brought to an end and justice should be done." Colley v. Bazell (1980), 64 Ohio St.2d 243, 248. Civ.R. 60(B) is remedial and is to be liberally applied. Svoboda v. Brunswick (1983), 6 Ohio St.3d 348, 351. Interests are best served when judgment is rendered on the merits. Moore v. Emmanuel Family Training Ctr. (1985), 18 Ohio St.3d 64, 67. Any doubt should be resolved in favor of the motion to accomplish that purpose. Fed. Home Loan v. McCord (Jan. 31, 1995), 10th Dist. No. 94APE05-747, citing Moore, 18 Ohio St.3d at 67. When the interests of a minor are at stake, the courts are particularly solicitous toward protecting those interests. See Section VI below.
{ } Further, and importantly, fraud is notthe only ground upon which relief can be granted under Civ.R. 60(B)(5). It is clearly one ground, and a very persuasive one, but not the only one. Civ.R. 60(B)(5) by its very terms allows relief from judgment for "any other reason justifying relief."
{ } Appellee argues that clear and convincing evidence is required to remove the presumption of a valid judgment. In re Guardianship of Kelley: Reeves v. Runyon (1961), 172 Ohio St. 177. Judgments are indeed presumed valid, and courts must presume regularity where no verbatim transcript of the hearing has been made. In re Estate of Alexander (1993), 92 Ohio App.3d 190. However, Civ.R. 60 provides the means by which judgments presumed valid are overturned. Advanced Mortg. Corp v. Novak (1977), 53 Ohio App.2d 289, 291. ("Once the time for direct appeal has run, the only procedure to attack a judgment is pursuant to Civil Rule 60(B)"). Civ.R. 60(B)(5) allows a court to vacate a judgment for "any other reason justifying relief from judgment." These standards guide our determination of whether appellant is entitled to relief under Civ.R 60(B)(5). This Court will next consider the standards applicable to settlements made on behalf of minors.
VI. Set
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