Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from the Struthers Municipal Court of Mahoning County,
Ohio Case No. 2016 CVF 560
T. Bricker, T. Robert Bricker, LLC, for Plaintiff-Appellee,
A. Douglass, for Defendant-Appellant.
BEFORE: Gene Donofrio, Carol Ann Robb, David A.
OPINION AND JUDGMENT ENTRY
Defendant-appellant, John Bullen, appeals from a Struthers
Municipal Court judgment denying his Civ.R. 60(B) motion to
vacate the default judgment against him.
Plaintiff-appellee, Jeff Schultz, is in the business of
automotive repair and the sale of auto parts. During 2015,
appellee performed auto repair services for appellant on
On December 1, 2016, appellee filed a complaint against
appellant. The complaint alleged appellant had failed to pay
appellee for services rendered. Appellee alleged appellant
had an outstanding bill of $6, 253.47. Appellee attached
copies of several invoices to the complaint documenting the
charges. Appellant was served with a copy of the complaint by
On July 3, 2017, appellee filed a motion for default judgment
alleging appellant failed to plead or otherwise defend
against the complaint.
The trial court granted appellee's motion for default
judgment on July 5, 2017. It found that appellant was served
with the complaint by certified mail on December 9, 2016, and
that appellant failed to answer or otherwise respond.
Therefore, the court entered judgment in favor of appellee
for $6, 253.47, plus interest.
Approximately seven months later, on February 26, 2018,
appellant filed a Civ.R. 60(B) motion to set aside the
default judgment. In his motion, appellant asserted that he
made substantial payment for appellee's services and that
appellee was not entitled to further payment because he did
not perform his services properly, causing damages to
appellant. Additionally, appellant alleged that he relied on
appellee's false representations that they would resolve
this matter out of court.
The trial court held a hearing on appellant's motion.
Both parties appeared with counsel. The trial court
subsequently overruled the motion.
Appellant filed a timely notice of appeal on August 13, 2018.
He now raises a single assignment of error.
Appellant's sole ...