FIFTH THIRD MTGE. CO. v. DEANNA

No. 91094.

2008 Ohio 6162

Fifth Third Mortgage Company, Plaintiff-Appellant, v. Michael J. Deanna, et al., Defendant-Appellee, Ronald M. Rutt, Intervenor-Appellant.

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

RELEASED: November 26, 2008.


Attorney(s) appearing for the Case

Mark F. Craig, Brouse McDowell, L.P.A., 388 South Main Street, Suite 500, Akron, Ohio 44311-4407, For Ronald M. Rutt, Intervenor-Appellant, Attorney for Appellant.

Christian E. Niklas, Benjamin D. Carnahan, Shapiro & Felty, LLP, 1500 West Third Street, Suite 400, Cleveland, Ohio 44113, Michael J.Deanna, Pro Se, Pamela S. Deanna, Pro Se, 2332 Georgia Drive, Westlake Ohio 44145, For Fifth Third Mortgage Co., Nancy Rogers, Attorney General of Ohio, 30 East Broad St., 26th Floor, Columbus, Ohio 43215-3400, For the State of Ohio, Steven J. Paffilas, United States Attorney's Office, 801 West Superior Avenue, Suite 400, Cleveland, Ohio 44113, For the United States of America, Attorneys for Appellee.

Before: Blackmon, J., McMonagle, P.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} Appellant Ronald M. Rutt appeals the trial court's denial of his motion to intervene. He assigns one error for our review:

"I. The trial court erred in denying Mr. Rutt's motion to intervene in the foreclosure action in its January 31, 2008 order."

{¶ 2} Having reviewed the facts and pertinent law, we reverse and remand the trial court...

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