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CAPITAL ONE BANK v. BURKEY

No. 2008-L-084.

2008 Ohio 5944

Capital One Bank, Plaintiff-Appellant, v. James C. Burkey, et al., Defendant-Appellee.

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

November 14, 2008.

Attorney(s) appearing for the Case

Nevenka Pavlovic and James Y. Oh, Javitch, Block & Rathbone, L.L.P., 1100 Superior Avenue, 19th Floor, Cleveland, OH 44114 (For Plaintiff-Appellant).

James C. Burkey, pro se, 1647 East 361st Street, Eastlake, OH 44095 (Defendant-Appellee).

OPINION

MARY JANE TRAPP, J.

{¶1} Capital One Bank appeals from a judgment of the Willoughby Municipal Court granting a motion to dismiss for failure to state a claim in an action filed by Capital One to collect a debt owed on a credit card account. For the following reasons, we affirm the judgment of the trial court.

{¶2} Substantive and Procedural Facts

{¶...

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