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BREEDING v. HERBERGER

No. 91AP-938.

81 Ohio App.3d 419 (1992)

BREEDING et al., Appellees, v. HERBERGER et al., Appellants.

Court of Appeals of Ohio, Franklin County.

Decided June 18, 1992.

Attorney(s) appearing for the Case

Miller & Dye, Edward V. Miller and Curtis H. Knapp, for appellees.

Jon R. Burney & Assoc., Inc., L.P.C., and John S. Wolanin, for appellants.

WHITESIDE, Judge.

Defendants, Dr. R.J. Herberger, Dorcon Industries and Jon R. Burney, Trustee, appeal from a judgment of the Franklin County Court of Common Pleas, and raise a single assignment of error, as follows:

"Where defendant-appellant timely made appearance and filed leave to plead in trial court, it is prejudicial error for trial court to terminate action."

Plaintiffs, H. Ronald Breeding and Maria Breeding, brought this action on May 3, 1991...

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