Ohio Court of Appeals December 31, 1986, CA86-03-016 (Bourque v. Bourque)

Jones, J.,

concurring separately. I believe the motion for relief from judgment pursuant to Civ. R. 60(B)(5) was improvidently granted. The grounds asserted in such motion were wholly insufficient to permit the court to set aside the divorce. Nevertheless, such error was not preserved when appellant failed to timely appeal the granting of the Civ. R. 60(B)(5) motion.