# Jenkins v. Clark

> Ohio Court of Appeals · March 2, 1982 · 7 Ohio App. 3d 93

URL: https://www.frixlaw.com/law-library/cases/3738311

## Case

- **Full name:** Jenkins Et Al., Appellants, v. Clark Et Al.; Physician’s Emergency Group, Inc., Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** March 2, 1982
- **Citations:** 7 Ohio App. 3d 93; 7 Ohio B. 124; 454 N.E.2d 541; 1982 Ohio App. LEXIS 11111
- **Precedential status:** Published
- **Opinion:** Concurrence by Kerns
- **Judges:** Brogan, Kerns, Wilson
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3738311

## Opinion text

Kerns, P.J.,
concurring. I concur in the judgment of reversal, but hasten to add that the reversal does not
necessarily
contemplate any disturbance of the conclusion reached by the trial court in its judgment entry of August 11,1980. After a hearing is held to determine whether “excusable neglect” for failing to plead did, in fact, exist, the trial court may enter a new judgment reaffirming its former judgment and permitting the appellant to supplement the record with the evidence presented at the hearing; in the alternative, it may find no evidence of excusable neglect and grant the default judgment. However, in no event does the reversal of the judgment contemplate another jury trial on the merits. Authority for this type of limited reversal may be found in
State
v.
White
(1968), 15 Ohio St. 2d 146 [ 44 O.O.2d 132 ], See, also,
State
v.
Goode
(April 24, 1979), Greene App. No. CA 1025, unreported.
In other words, the final determination must await a remand to the court of common pleas for a hearing to determine whether the granting of leave to file an answer contravened the Civil Rules and/or otherwise constituted an abuse of discretion as that term is defined in law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3738311. Public record. Not legal advice.