Ohio Civil Rule 60(B)(5) Interpretation
In GTE Automatic Electric v. ARC Industries (1976), 47 Ohio St.2d 146, 351 N.E.2d 113, the Ohio Supreme Court set forth the factors necessary to recover under Civ.R. 60(B).
"The movant must demonstrate that:
(1) the party has a meritorious defense or claim to present if relief is granted;
(2) the party is entitled to relief under one of the grounds stated in Civ.R. 60(B)(1) through (5);
(3) the motion is made within a reasonable time, and, where the grounds of relief are Civ.R. 60(B)(1), (2) or (3), not more than one year after the judgment, order or proceeding was entered or taken."
Rule 60(B)(5) is a residuary provision meant to permit relief in the interest of justice, where relief would not be available under any other provision of Rule 60(B), but which may not be used as a substitute for any of those other provisions. Antonopoulos v. Eisner (1972), 30 Ohio App.2d 187, 284 N.E.2d 194.