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REDLIN v. RATH

No. L-06-1144.

171 Ohio App.3d 717 (2007)

2007-Ohio-2540

REDLIN et al., Appellees, v. RATH, Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided May 25, 2007.

Attorney(s) appearing for the Case

Richard L. Emery and Martin J. Holmes Jr., for appellees.

Matthew J. Smith, Thomas F. Glassman, Peter C. Munger, and Marshall W. Guerin, for appellant.

OSOWIK, Judge.

{¶ 1} This is an appeal from a judgment of the Lucas County Court of Common Pleas, following a jury trial, in which the trial court sua sponte vacated a judgment in favor of appellant, Theodore D. Rath, and ordered a new trial. For the reasons that follow, we hereby reverse the trial court's judgment.

{¶ 2} The relevant, undisputed facts are as follows. In August 2002, appellee, Robin L. Redlin,

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