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PETTY v. KROGER FOOD & PHARMACY

No. 05AP-592.

165 Ohio App.3d 16 (2005)

2005-Ohio-6641

PETTY, Appellee, v. KROGER FOOD & PHARMACY, Appellee; Smith, Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Tyack, Blackmore & Liston Co., L.P.A., and Thomas M. Tyack, for plaintiff-appellee, James Petty.

Scott Heeter, for defendant-appellee, Kroger Food & Pharmacy.

Smith, Phillips & Associates, and Janet L. Phillips, for intervenor-appellant, Scott E. Smith.

TRAVIS, Judge.

{¶ 1} Appellant, attorney Scott E. Smith, appeals from the May 9, 2005 judgment of the Franklin County Court of Common Pleas denying his motion to intervene. Appellant sought to intervene to assert a charging lien against James Petty, a former client. For the following reasons, we affirm.

{¶ 2} In April 2001, James Petty hired appellant to represent him in his...

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