Rice v. Bethel Assoc. Inc

In Rice v. Bethel Assoc. Inc., 35 Ohio App. 3d 133, 134, 520 N.E.2d 26 (1987), the Court noted that one of the problems with allowing a court to sua sponte grant relief from judgment is that the party who had obtained the judgment would not be afforded an opportunity to respond: In light of these circumstances, it appears that Rice obtained Civ.R. 60(B) relief from the trial court without fulfilling the requirements for such or allowing Bethel an ample opportunity to respond. The Ohio Civil Rules and due process require that such practice not be tolerated. Rice, 35 Ohio App. 3d at 134;