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ITALIANO v. COMMERCIAL FIN. CORP

No. 01-C.A.-128.

148 Ohio App.3d 261 (2002)

2002-Ohio-3040

ITALIANO et al., Appellants, v. COMMERCIAL FINANCIAL CORP., Successor In Interest to the Dollar Savings & Trust Company, Appellee.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Decided June 5, 2002.

Attorney(s) appearing for the Case

Clair M. Carlin, LLC, and Clair M. Carlin, for appellants.

Urban Co., L.P.A., and Bruce W. Bennett, for appellee.

WAITE, Judge.

{¶ 1} Appellants Dominic Italiano, Jr. and Helen Italiano appeal the dismissal of their complaint to quiet title and also appeal the decision to grant summary judgment to appellee Commercial Financial Corp. on its counterclaim for declaratory judgment on a commercial note and mortgage lien for $128,261.46 plus interest. A 1993 judgment entry, which ruled that appellee's predecessor in interest was owed $128,261.46 on the note, has res judicata effect...

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