NEIGHBOR v. NALEPKA

No. 90716.

2008 Ohio 4708

Daniel L. Neighbor, Plaintiff-Appellant, v. Deborah Nalepka, Defendant-Appellee.

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

RELEASED: September 18, 2008.


Attorney(s) appearing for the Case

Ronald P. Friedberg, John R. Seeds, Meyers, Roman, Friedberg & Lewis, 28601 Chagrin Blvd., Suite 500, Cleveland, Ohio 44122, Attorneys for Appellant.

David B. Gallup, Gallup & Burns, The Leader Building, Suite 810, 526 Superior Avenue, East, Cleveland, Ohio 44114, Attorney for Appellee.

Before: Rocco, J., Gallagher, P.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

{¶ 1}Plaintiff-appellant, Daniel L. Neighbor, appeals from a common pleas court order granting defendant-appellee, Deborah Nalepka's, motion to dismiss or for summary judgment. We conclude that the "Heartbalm Act," R.C. 2305.29, did not bar Neighbor's action, nor was the action barred by res judicata. Consequently, Nalepka failed to demonstrate that she was entitled to judgment as a matter...

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