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ELLIOTT v. SMEAD MFG. CO.

No. 08CA13/08AP13.

2009 Ohio 3754

Kim A. Elliott, Plaintiff-Appellant, v. Smead Manufacturing Co., et al., Defendants-Appellees.

Court of Appeals of Ohio, Fourth District, Hocking County.

File-stamped date: July 27, 2009.

Attorney(s) appearing for the Case

Michael J. Muldoon, Columbus, Ohio, for Appellant.

John C. Barno, Barno Law, LLC, Columbus, Ohio, for Appellee, Smead Manufacturing Co., and Nancy H. Rogers1, Ohio Attorney General, and Elise Porter, Assistant Attorney General, Columbus, Ohio, for Appellee, Administrator, Bureau of Workers' Compensation.

DECISION AND JUDGMENT ENTRY

KLINE, P.J.

{¶1} Kim A. Elliott (hereinafter "Elliott") appeals the decision of the Hocking County Court of Common Pleas, which denied her Civ.R. 60(B) motion for relief from judgment. On appeal, Elliott contends that the trial court (1) erred in denying her counsel the rightful attorney's fee and (2) did not properly apply R.C. 4123.512(F). However, because Elliott used a Civ.R. 60(B) motion as a substitute...

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