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MARTIN v. DESIGN CONSTR. SERVS.

Nos. 2007-2023 and 2007-2024.

121 Ohio St.3d 66 (2009)

2009-Ohio-1

MARTIN ET AL., APPELLANTS, v. DESIGN CONSTRUCTION SERVICES, INC., APPELLEE.

Supreme Court of Ohio.

Decided January 6, 2009.

Attorney(s) appearing for the Case

Goldman & Rosen, Ltd., Irving B. Sugerman, and James R. Russell, for appellants.

Pelini, Campbell, Williams & Traub, L.L.C., Craig G. Pelini, and Kristen E. Campbell, for appellee.

MOYER, C.J.

I

{¶ 1} The Ninth District Court of Appeals certified the following issue pursuant to Section 3(B)(4), Article IV, Ohio Constitution and App.R. 25: "[I]n an action for temporary damages to a noncommercial real property, [is] a failure to prove the difference between the fair market value of the whole property just before the damage was done and immediately thereafter...

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