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EMC MTGE. CORP. v. JENKINS

No. 04AP-1319.

164 Ohio App.3d 240 (2005)

2005-Ohio-5799

EMC MORTGAGE CORPORATION et al., Appellees, v. JENKINS, Appellant.

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

Decided November 1, 2005.

Attorney(s) appearing for the Case

Lerner, Sampson & Rothfuss and Thomas L. Henderson; McDonald, Frank, Hitzman & Holman and Robert Holman, for appellee.

Paul S. Kormanik, for appellant.

FRENCH, Judge.

{¶ 1} In this appeal from a final judgment entry and decree of foreclosure entered by the Franklin County Court of Common Pleas on November 8, 2004, defendant-appellant, Otis L. Jenkins, assigns as error the trial court's denial of his motion to dismiss the underlying action initiated by plaintiff-appellee, EMC Mortgage Corporation ("EMC"). For the following reasons, we reverse the trial court's judgment.

{¶ 2}<...

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