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HERBERT v. PORTER

No. 13-05-15.

165 Ohio App.3d 217 (2006)

2006-Ohio-355

HERBERT et al., Appellants, v. PORTER et al., Appellees.

Court of Appeals of Ohio, Third District, Seneca County.

Decided January 30, 2006.

Attorney(s) appearing for the Case

W. Evan Price II, D. David Carroll, Martin D. Koop, and Brent T. Howard, for appellants.

Anthony J. Calamunci and Amy L. Butler, for appellees.

SHAW, Judge.

{¶ 1} Plaintiffs-appellants, Susan and Larry Herbert, appeal the December 22, 2004 judgment entry of the Court of Common Pleas, Seneca County, Ohio, which effectuated the jury verdict, as well as the April 5, 2005 journal entry denying their motion for new trial and judgment notwithstanding the verdict.

{¶ 2} The underlying facts of this case are as follows. In 1988, the Herberts joined with defendant-appellant...

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