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MIDWESTERN INDEMN. CO. v. NIERLICH

No. 92526.

2009 Ohio 3472

The Midwestern Indemnity Company, Plaintiff-Appellant, v. John K. Nierlich, et al., Defendants-Appellees.

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

RELEASED: July 16, 2009.

Attorney(s) appearing for the Case

Craig G. Pelini, Randall M. Traub, Pelini Campbell Williams & Traub LLC, 8040 Cleveland Avenue, N.W., Suite 400, North Canton, OH 44720, Attorneys for Appellant.

Ed E. Duncan, Tucker Ellis & West LLP, 925 Euclid Avenue, 1150 Huntington Building, Cleveland, OH 44115-1414, Attorney for Appellees.

Before: McMonagle, P.J., Blackmon, J., and Stewart, J.

JOURNAL ENTRY AND OPINION

CHRISTINE T. McMONAGLE, P.J.:

{¶ 1} This is the second time this insurance coverage case has been on appeal to this court. The first appeal was dismissed; although we would prefer to address the merits, we reluctantly dismiss again for lack of a final appealable order.

I

{¶ 2} In July 2005, plaintiff-appellant, The Midwestern Indemnity Company, filed a complaint seeking a declaratory...

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