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Apple v. Dimons6/27/2002
ee Rectenwald v. Mills (Nov. 18, 1983), Lucas App. No. L-83-191, unreported.
. Finally, as to the third prong, plaintiff argues that the motion to vacate was not filed within a reasonable time. Defendant maintains that it was filed six weeks after the Supplemental Magistrate's Decision of October 27, 2000. He has also alleged that his insurance company was supposed to represent him in this matter and that he is unsure of why it failed to enter him as a party in the original foreclosure action. Reasonableness is a mixed question of law and fact. It should be determined first by the trial court, which is in a far better position to weigh all the facts and circumstances, including the knowledge and opportunities available to the defendant and the prejudice, if any, to the plaintiff that would result from vacating the final order in her favor.
. For the foregoing reasons, the judgment of the trial court is reversed and the cause is remanded for further proceedings.
Judgment reversed and remanded.
It is ordered that appellant recover of appellee his costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. TERRENCE O'DONNELL, J., and
DIANE KARPINSKI, J., CONCUR.
JAMES J. SWEENEY PRESIDING JUDGE
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