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McKENZIE v. DAVIES

C.A. Case No. 22932.

2009 Ohio 1960

Delia Mckenzie, Plaintiff-Appellee, v. Aaron Davies, et al., Defendants-Appellants.

Court of Appeals of Ohio, Montgomery County.

Rendered on April 17, 2009.

Attorney(s) appearing for the Case

Thomas M.M. Baggott, Atty. Reg. No. 0001919, 1336 Woodman Drive, Dayton, Ohio 45432, Attorney for Plaintiff-Appellee.

Bryan K. Penick, Atty. Reg. No. 0071489, 12 West Monument Avenue, Suite 200B, Dayton, Ohio 45402, Attorney for Defendants-Appellants.

OPINION

FROELICH, J.

{¶ 1} Aaron and Marie Davies appeal from a judgment of the Miamisburg Municipal Court, which overruled their Civ.R. 60(B) motion for relief from a default judgment entered in favor of their prior landlord, Delia McKenzie.

{¶ 2} We conclude that the trial court erred in overruling the Davieses' motion for relief from judgment. Accordingly, the judgment of the trial court...

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