Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Daran P. Kiefer Kreiner & Peters
APPELLEES Phillip Clow, pro se Renee Fleminster, pro se.
BEFORE: Blackmon, J., Keough, A.J., and Celebrezze, J.
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE.
Plaintiff-appellant Geico General Insurance Co. ("Geico
Insurance") appeals from the order of the trial court
vacating a default judgment entered against
defendant-appellee Phillip Clow ("Clow") in Geico
Insurance's subrogation action. Geico Insurance assigns
the following errors for our review:
I. The trial Court committed reversible error and abused its
discretion granting [Clow's Civ.R. 60(B) motion as a
substitute for an appeal].
II. Alternatively, the trial court abused its discretion in
granting [Clow's Civ.R. 60(B) motion] without actual
testimony, facts or evidence submitted at the hearing by
Having reviewed the record and relevant law, we affirm the
trial court's decision. The apposite facts follow.
On May 24, 2016, Geico Insurance filed a complaint for
subrogation against Clow and Renee Fleminster
("Fleminster") to recover $12, 500 Geico paid to
its insured, Henry Moore ("Moore"). Geico Insurance
alleged that Clow negligently entrusted his vehicle to
Fleminster, and that Fleminster negligently struck Moore
while he was riding his bicycle in Cleveland.
Fleminster and Clow were both served with summons but did not
file answers to the complaint. The record further reflects
that a default hearing as to Clow was scheduled for November
18, 2016. On that date, however, the court issued the
Plaintiffs counsel failed to appear for default hearing.
Default hearing reset. Default hearing set for 12/15/16 at
the court immediately issued a nunc pro tunc order reflecting
that this order, setting a December 15, 2016 default hearing,
had been issued in error and pertained to a different case.
The court also corrected the record in the instant case to
note that a default hearing actually took place in the