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FARM SUPPLY CTR., INC. v. SMITH

No. 2008-CA-13.

2008 Ohio 5368

Farm Supply Center, Inc., Plaintiff-Appellant, v. James David Smith, Defendant-Appellee, And Jamie Smith, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Perry County.

DATE OF JUDGMENT ENTRY: October 15, 2008.

Attorney(s) appearing for the Case

Thomas Payne, 45 North Fourth Street, Zanesville, OH 43701, for Plaintiff-Appellant.

Scott D. Eickelberger, 50 North Fourth Street, Zanesville, OH 43701, for Defendant-Appellee.

Before: Hon. William B. Hoffman, P.J., Hon. W. Scott Gwin, J., Hon. Sheila G. Farmer, J.

OPINION

GWIN, J.

{¶1} Plaintiff Farm Supply Center, Inc., appeals a judgment of the Court of Common Pleas of Perry County, Ohio, which dismissed defendant Jamie Smith from this action. Farm Supply Center assigns two errors to the trial court:

{¶2} "I. THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT GRANTED THE MOTION TO DISMISS OF DEFENDANT-APPELLEE, JAMIE SMITH, FOR THE REASON THAT THE COURT OF COMMON PLEAS DOES...

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