DAVIS v. TOPS MARKETS, L.L.C.

No. 91201.

2009 Ohio 855

Geraldine Davis, et al., Plaintiffs-Appellants, v. Tops Markets, L.L.C., Defendant-Appellee.

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

RELEASED: February 26, 2009.


Attorney(s) appearing for the Case

Michael D. Shroge, Leon M. Plevin, Plevin & Gallucci, 55 Public Square, Suite 2222, Cleveland, Ohio 44113, Paul W. Flowers, Paul W. Flowers Co., L.P.A., Terminal Tower — 35th Floor, 50 Public Square, Cleveland, Ohio 44113, Attorneys for Appellants.

Thomas J. Cabral, Holly Olarczuk-Smith, Gallagher Sharp, Bulkley Building, Sixth Floor, 1501 Euclid Avenue, Cleveland, Ohio 44115, Attorneys for Appellees.

Before: Sweeney, J., Rocco, P.J., and Trapp, J.


JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.:

{¶ 1} Plaintiffs-appellants, Geraldine and Alan Davis (collectively referred to as "plaintiffs"), appeal from the judgment of the Court of Common Pleas that denied their motion for relief from judgment. For the following reasons, we reverse and remand.

{¶ 2} On February 16, 2007, plaintiffs filed a complaint against defendant-appellee, Tops Markets, L.L.C. ("Tops...

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