[Cite as Claycraft Motors, L.L.C. v. Bulldog Auto Sales, Inc., 2013-Ohio-1048.]
COURT OF APPEALS
FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT
CLAYCRAFT MOTORS, LLC : JUDGES:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellant : Hon. Sheila G. Farmer, J.
: Hon. John W. Wise, J.
-vs- :
:
BULLDOG AUTO SALES, INC., ET AL. : Case No. 12-CA-29
:
Defendants-Appellees : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 11 CV 1002
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT: March 20, 2013
APPEARANCES:
For Plaintiff-Appellant For Defendants-Appellees
DAVID A. SKROBOT TREVOR INNOCENTI
BRETT R. SHERAW 117 West Main Street
JOHN C. RIDGE Suite 206
471 East Broad Street Lancaster, OH 43130
Suite 1810
Columbus, OH 43215
Fairfield County, Case No. 12-CA-29 2
Farmer, J.
{¶1} On October 5, 2011, appellant, Claycraft Motors, LLC, filed a complaint
against appellees, Bulldog Auto Sales, Inc. and its owner, Theodore Johnson, for
monies due and owing over the sale of motor vehicles to appellees. Because appellees
failed to answer or otherwise plead, appellant filed a motion for default judgment on
November 17, 2011. By judgment entry filed same date, the trial court granted the
motion and found in favor of appellant in the amount of $39,800.00.
{¶2} After judgment debtor examinations had been scheduled, appellees filed a
motion to vacate judgment pursuant to Civ.R. 60(B) on April 20, 2012. A hearing was
held on May 7, 2012. By entry filed May 8, 2012, the trial court granted the motion and
vacated the default judgment.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. Assignments of error is as follows:
I
{¶4} "THE TRIAL COURT ERRED IN GRANTING THEODORE JOHNSON
AND BULLDOG AUTO SALES, INC.'S MOTION TO VACATE JUDGMENT BECAUSE
CIV.R. 60(B)(5) WAS USED BY THE TRIAL COURT TO GRANT RELIEF EVEN
THOUGH APPELLEES FAILED TO PROTECT THEIR INTERESTS OR PARTICIPATE
IN THE LEGAL POCESS, NO EXTRAORDINARY CIRCUMSTANCES WERE
ALLEGED AND THE MOTION TO VACATE WAS NOT TIMELY FILED."
{¶5} In order to review this assignment of error, we have reviewed the trial
court's May 8, 2012 entry granting the motion for relief from judgment. The entry grants
relief to "defendant" not defendants, and does not name whether the "defendant" is
Fairfield County, Case No. 12-CA-29 3
appellee Johnson or appellee Bulldog Auto Sales. The Civ.R. 60(B) motion was filed on
behalf of both parties. We are unable to determine which defendant was granted relief.
As a result, there is no final order in this case pursuant to R.C. 2505.02.
{¶6} Upon review, we reverse the trial court's decision and remand the matter
to the trial court to clarify which "defendant(s)" was granted relief.
{¶7} The judgment of the Court of Common Pleas of Fairfield County, Ohio is
hereby reversed.
By Farmer, J.
Hoffman, P.J. and
Wise, J. concur.
s/ Sheila G. Farmer_______________
s/ William B. Hoffman_____________
s/ John W. Wise _______________
JUDGES
SGF/sg 306
[Cite as Claycraft Motors, L.L.C. v. Bulldog Auto Sales, Inc., 2013-Ohio-1048.]
IN THE COURT OF APPEALS FOR FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT
CLAYCRAFT MOTORS, LLC :
:
Plaintiff-Appellant :
:
-vs- : JUDGMENT ENTRY
:
BULLDOG AUTO SALES, INC., ET AL. :
:
Defendants-Appellees : CASE NO. 12-CA-29
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Fairfield County, Ohio is reversed, and the
matter is remanded to said court to clarify which "defendant(s)" was granted relief.
Costs to appellant.
s/ Sheila G. Farmer_______________
s/ William B. Hoffman_____________
s/ John W. Wise _______________
JUDGES