BUCKEYE FED. S. & L. ASSN. v. GUIRLINGER

No. 90-1527.

62 Ohio St.3d 312 (1991)

BUCKEYE FEDERAL SAVINGS & LOAN ASSOCIATION, N.K.A. BANCOHIO NATIONAL BANK, APPELLANT, v. GUIRLINGER, APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1991.


Attorney(s) appearing for the Case

Schwartz, Kelm, Warren & Rubenstein, Daniel R. Swetnam and John A. Gleason, for appellant.

Clark, Perdue & Roberts Co., L.P.A., Douglas S. Roberts and Glen R. Pritchard, for appellee.

Vorys, Sater, Seymour & Pease and Steven W. Mershon, Columbus, for amicus curiae Ohio Savings and Loan League.


SMART, J.

This cause presents two issues for our review: whether a creditor not in possession of collateral can be held liable for its unjustified impairment, and whether Guirlinger waived the defense of impairment of collateral against Buckeye Federal. For the reasons that follow, we reverse the decision of the court of appeals and reinstate the decision of the trial court.

I

In order to prevail on his Civ.R. 60(B) motion for relief from judgment...

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