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CAPITAL ONE BANK v. DAY

No. 07CA3161.

176 Ohio App.3d 516 (2008)

2008-Ohio-2789

CAPITAL ONE BANK, Appellant, v. DAY, Appellee.

Court of Appeals of Ohio, Fourth District, Scioto County.

Decided June 3, 2008.

Attorney(s) appearing for the Case

James Oh and R. Glenn Knirsch, for appellant.

Scott E. Torguson and Callie S. Query, for appellee.

Edward A. Icove, for amicus curiae.

McFARLAND, Judge.

{¶ 1} Appellant Capital One Bank appeals the trial court's judgment imposing sanctions for filing an action on an account without complying with the requirements set forth in Asset Acceptance Corp. v. Proctor, 156 Ohio App.3d 60, 2004-Ohio-623, 804 N.E.2d 975. Appellant asserts that there is no evidence that it willfully violated Civ.R. 11 and that it complied with the pleading...

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