GAINS v. PLANEY

No. 09 MA 63.

2009 Ohio 3051

Paul J. Gains, Plaintiff-Appellee, v. Joseph Planey, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: June 19, 2009.


Attorney(s) appearing for the Case

Gina DeGenova Bricker, Assistant Prosecuting Attorney, 21 West Boardman Street, 5th Floor, Youngstown, Ohio 44503.

Robert Rapp, Matthew Kucharson, 1400 Key Bank Center, 800 Superior Avenue, Cleveland, Ohio 44114, (For Intervenor Fidelity Brokerage, Services LLC).

Charles Dunlap, 3855 Starrs Center Drive, Canfield, Ohio 44406, (For Intervenor Suzanna Planey).

Patrick Hendershot, P.O. Box 525, Toledo, Ohio 43697-0525, (For Intervenor Citi Financial, Inc.), For Plaintiff-Appellee.

Joseph Planey, Pro Se, 880 Squirrel Hill Drive, Youngstown, Ohio 44512, For Defendant-Appellant.

Judges: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Mary DeGenaro.


OPINION AND JUDGMENT ENTRY

PER CURIAM.

¶{1} This matter comes on appeal from a March 26, 2009 judgment of the Common Pleas Court declaring appellant to be a vexatious litigator as defined by R.C. 2323.52(A)(3). Appellees have filed a motion to dismiss this appeal for failure of appellant to file an application for leave to proceed (i.e. to file a notice of appeal) before filing the notice of appeal without prior permission from this Court...

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