MILLER v. SUN CASTLE ENTS. INC.

No. 2007-T-0054.

2008 Ohio 4669

David Miller, et al., Plaintiffs-Appellants, v. Sun Castle Enterprises, Inc., et al., Defendants-Appellees.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

September 12, 2008.


Attorney(s) appearing for the Case

Randil J. Rudloff, Guarnieri & Secrest, P.L.L., 151 East Market Street, P.O. Box 4270, Warren, OH 44482; Edwin Romero, Manchester, Bennett, Powers & Ullman, Atrium Level Two, The Commerce Building, 201 East Commerce Street, Youngstown, OH 44503-1641 (For Plaintiffs-Appellants).

Steven J. Pruneski, Roderick & Linton, L.L.P., 1500 One Cascade Plaza, Akron, OH 44308-1108; Donald R. Ford, Sr., Ford & Ford, 8872 East Market Street, Warren, OH 44484 (For Defendants-Appellees).


OPINION

TIMOTHY P. CANNON, J.

{¶1} Appellants, David and Marilyn Miller ("the Millers"), appeal the judgment entered by the Trumbull County Court of Common Pleas. The trial court granted a motion for relief from judgment filed by appellees, William F. Fleming and Sun Castle Enterprises, Inc. ("Sun Castle").

{¶2} In 1998, the Millers entered into a residential home construction contract with appellees. Pursuant...

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