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MOREQUITY, INC. v. FIFTH THIRD BANK

Appeal No. C-080824.

2009 Ohio 2735

Morequity, Inc., Plaintiff-Appellant, v. Fifth Third Bank, Defendant-Appellee, and Terrence P. Finley, The Uknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Terrence P. Finley, Deceased, Alisa A. Finley, The Unknown Heirs, Devisees, Legatees, Administrators, Executors and Assigns of Alisa A. Finley, Deceased, Treasurer of Hamilton County, and Auditor of Hamilton County, Defendants.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: June 12, 2009.

Attorney(s) appearing for the Case

Steven E. Elder Co., LPA, Steven E. Elder, and Michelle L. Polly-Murphy, for Plaintiff-Appellant.

Graydon Head & Ritchey LLP, Harry W. Cappel, and Nathan H. Blaske, for Defendant-Appellee.

DECISION.

DINKELACKER, Judge.

{¶1} Plaintiff-appellant Morequity, Inc., ("Morequity") has appealed from the trial court's grant of partial summary judgment to defendant-appellee Fifth Third Bank in Morequity's foreclosure action.

{¶2} Morequity raises two assignments of error on appeal. It first argues that the trial court abused its discretion in failing to adopt the decision of the common pleas magistrate...

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