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State, ex Rel. Freeman, v. Kraft

Supreme Court of Ohio
Feb 27, 1980
61 Ohio St. 2d 284 (Ohio 1980)

Opinion

No. 79-955

Decided February 27, 1980.

Relief from judgment — Properly denied, when — Civ. R. 60 requirements not satisfied.

APPEAL from the Court of Appeals for Hamilton County.

Mr. Jerome Blair Freeman, pro se. Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirschner, for appellees.


This cause is before the court pursuant to an appeal as of right from the overruling of appellant's motion for relief from a judgment dismissing appellant's complaint for a writ of mandamus and prohibition.

Appellant's arguments to support his appeal all relate to the merits of his original action, which might have been raised on a direct appeal to this court.

The question to be determined on an appeal from denial of a motion for relief from judgment is whether the court abused the discretionary authority provided to it by Civ. R. 60 to give such relief. Here, appellant presents nothing to establish that his contentions fall within any of the provisions of Civ. R. 60. The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.


Summaries of

State, ex Rel. Freeman, v. Kraft

Supreme Court of Ohio
Feb 27, 1980
61 Ohio St. 2d 284 (Ohio 1980)
Case details for

State, ex Rel. Freeman, v. Kraft

Case Details

Full title:THE STATE, EX REL. FREEMAN, APPELLANT, v. KRAFT, JUDGE, ET AL., APPELLEES

Court:Supreme Court of Ohio

Date published: Feb 27, 1980

Citations

61 Ohio St. 2d 284 (Ohio 1980)
400 N.E.2d 1357

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