CLARESHIRE COURT CONDO. UNIT OWNERS v. MONTILLA

No. 90461.

2008 Ohio 4242

Clareshire Court Condo. Unit Owners, Plaintiff-Appellee, v. Julie M. Montilla, et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 21, 2008.


Attorney(s) appearing for the Case

David N. Patterson, Esq., Patterson & Frost, 33579 Euclid Avenue, Willoughby, Ohio 44094, Richard A. Medlar, Pro Se, 24625 Clareshire Court, Suite 103, North Olmsted, Ohio 44070, Attorney for Appellants.

Kim M. Hammond, Esq., Leonard A. Cuilli, Esq., Keith D. Weiner & Associates Co., 75 Public Square, Fourth Floor, Cleveland, Ohio 44113, Attorneys for Appellee Clareshire Court Condo..

Bryan F. Hegyes, Esq., 38040 Euclid Ave., Willoughby, Ohio 44094, Attorney for Third Federal Savings & Loan Assn..

Dyke, J., Rocco, P.J., and McMonagle, J.


JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1}The estate of Julie M. Montilla appeals from the order of the trial court that granted summary judgment to Clareshire Court Condominium Owners' Association ("Clareshire Court") in Clareshire's action for foreclosure upon a certificate of lien for unpaid association fees. For the reasons set forth below, we reverse and remand for further proceedings.

{¶ 2}On September...

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