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U.S. BANK NATL. ASSN. v. GULLOTTA

No. 2007-1144.

120 Ohio St.3d 399 (2008)

2008-Ohio-6268

U.S. BANK NATIONAL ASSOCIATION, Trustee, Appellee, v. GULLOTTA, Appellant, et al.

Supreme Court of Ohio.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Shapiro & Felty, L.L.P., and John A. Polinko, for appellee U.S. Bank National Association.

McKinzie & Associates, Timothy D. McKinzie, and Kerry G. MacKenzie, for appellant.

PFEIFER, J.

{¶ 1} The court below certified to us this question: "Whether or not each missed payment under a promissory note and mortgage yields a new claim such that any successive actions on the same note and mortgage involve different claims and are thus exempt from the `two-dismissal rule' contained in Civ. R. 41(A)(1)." In this case, under these facts, we answer the question in the...

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