TRI-STATE GROUP v. METCALF & EDDY OF OHIO, INC.

No. 92660.

2009 Ohio 3902

Tri State Group, Inc., Plaintiff-Appellant, v. Metcalf & Eddy of Ohio, Inc., Defendant-Appellee.

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

RELEASED: August 6, 2009.


Attorney(s) appearing for the Case

Larry A. Zink, Esq., Zink, Zink & Zink Co., L.P.A., 3711 Whipple Avenue, N.W., Canton, Ohio 44718-2933, Attorney for Appellant.

Nathan A. Wheatley, Esq., Kevin R. Carter, Esq., William E. Coughlin, Esq., Calfee, Halter & Griswold, L.L.P., 1400 Key Bank Center, 800 Superior Avenue, Cleveland, Ohio 44114-2688, Attorneys for Appellee.

Before: Dyke, J., Cooney, A.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1} Tri-State Group, Inc. ("Tri-State") appeals from the order of the trial court that dismissed its complaint against Metcalf & Eddy of Ohio, Inc. ("M & E"), pursuant to the jurisdictional-priority rule. For the reasons set forth below, we affirm.

{¶ 2} The record reveals that Tri-State filed suit against M & E in the Cuyahoga County Court of Common Pleas on...

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