Opinion

Londrico v. Delores C. Knowlton, Inc.

  • 88 Ohio App. 3d 282
  • 623 N.E.2d 723
  • 1993 Ohio App. LEXIS 3131
Court
Ohio Court of Appeals
Filed
Jun 16, 1993
Status
Published
Author
Quillin
On the bench
Cook, Reece, Quillin
Cited by
38 cases

Civ.R. 60(A) allows the court, in its discretion, to correct clerical mistakes which are apparent on the record, but does not permit a court to make substantive changes in judgments

How later courts described this case

  • Civ.R. 60(A) allows the court, in its discretion, to correct clerical mistakes which are apparent on the record, but does not permit a court to make substantive changes in judgments

Written by the judges who cited it.

The opinion

Quillin, Judge,

concurring.

Although Londrico couched her motion for relief from judgment in terms of Civ.R. 60(A), the substance of the relief sought was proper under Civ.R. 60(B)(1). The trial court did not specify the part of the rule authorizing its action.

*287

In my opinion, Civ.R. 60(B)(1) may be used to obtain relief from judicial error when granted within the appeal time and before appeal is taken. Although there is a split of authority on this question (see Annotation [1969], 1 A.L.R.Fed. 771; 7 Moore, Federal Practice [1992], Paragraph 60.22[3]; 11 Wright and Miller, Federal Practice and Procedure [1973] 178-179, Section 2858), the better reasoning supports recognizing the power of a trial court to correct “upon such terms as are just” judicial errors rather than forcing an appeal. At least one Ohio court has so ruled.

Daniel v. Wrigk-Patterson Credit Union, Inc.

(Dec. 8, 1981), Montgomery App. No. 7435, unreported, 1981 WL 5365 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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