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Schultz v. Bullen

Court of Appeals of Ohio, Seventh District, Mahoning

June 18, 2019

JEFF SCHULTZ, Plaintiff-Appellee,
v.
JOHN BULLEN, Defendant-Appellant.

          Civil Appeal from the Struthers Municipal Court of Mahoning County, Ohio Case No. 2016 CVF 560

          Atty. T. Bricker, T. Robert Bricker, LLC, for Plaintiff-Appellee, and

          Atty. A. Douglass, for Defendant-Appellant.

          BEFORE: Gene Donofrio, Carol Ann Robb, David A. D'Apolito, Judges.

          OPINION AND JUDGMENT ENTRY

          DONOFRIO, J.

         {¶1} 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.

         {¶2} 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 several occasions.

         {¶3} 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 certified mail.

         {¶4} On July 3, 2017, appellee filed a motion for default judgment alleging appellant failed to plead or otherwise defend against the complaint.

         {¶5} 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.

         {¶6} 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.

         {¶7} The trial court held a hearing on appellant's motion. Both parties appeared with counsel. The trial court subsequently overruled the motion.

         {¶8} Appellant filed a timely notice of appeal on August 13, 2018. He now raises a single assignment of error.

         {¶9} Appellant's sole ...


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