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CAPITAL ONE BANK v. ZAVATCHEN

No. 90524.

2008 Ohio 4224

Capital One Bank, Plaintiff-Appellant, v. William P. Zavatchen, Defendant-Appellee.

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

Released: August 21, 2008.

Attorney(s) appearing for the Case

Scott R. Miller, Esq., Thomas & Thomas, 629 Euclid Avenue, Suite 740, Cleveland, Ohio 44114, Attorney for Appellant.

William P. Zavatchen, Pro Se, 10917 Linnet Avenue, Cleveland, Ohio 44111, for Appellee.

Before: Dyke, J., Calabrese, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1}Capital One Bank appeals from the order of the trial court that concluded, following an ex parte trial, that it had failed to establish the debt owed by defendant William P. Zavatchen. For the reasons set forth below, we reverse and remand for further proceedings consistent with this opinion.

{¶ 2}On March 9, 2007, Capital One Bank ("Capital One") filed a complaint against...

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