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EBBETS PARTNERS, LTD. v. DAY

No. 21556.

171 Ohio App.3d 20 (2007)

2007-Ohio-1667

EBBETS PARTNERS, LTD., Appellee, v. DAY et al., Appellants.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided April 6, 2007.

Attorney(s) appearing for the Case

Weltman, Weinberg & Reis Co., L.P.A., and Ronald B. Noga, for appellee.

John K. Limoli, for appellants.

BROGAN, Judge.

{¶ 1} In this case, defendants-appellants, Billy G. Day and Robin R. Day, appeal from the denial of their Civ.R. 60(B) motion for relief from the dismissal of their action in the Dayton Municipal Court, without prejudice.

{¶ 2} The Days leased a 1995 Ford Mustang from Fifth Third Bank in 1996. Some time later, the Days sought to return the vehicle because of significant mechanical problems. In July 1998, Fifth...

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