KONARZEWSKI v. GANLEY, INC.

No. 92623.

2009 Ohio 5827

William Konarzewski, et al., Plaintiffs-Appellants, v. Ganley, Inc., et al., Defendants-Appellees.

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

RELEASED: November 5, 2009.


Attorney(s) appearing for the Case

Michael L. Fine, Petronzio, Schneier Co., L.P.A., 5001 Mayfield Road, Suite 201, Cleveland, Ohio 44124, Lewis A. Zipkin, Zipkin Whiting Co., L.P.A., Zipkin Whiting Building, 3637 South Green Road, Beachwood, Ohio 44122, Attorneys for Appellants.

David D. Yeagley, Paul R. Harris, Ulmer & Berne, L.L.P., Skylight Office Tower, 1660 West 2nd Street, Suite 1100, Cleveland, Ohio 44113-1448, Attorneys for Appellees.

Before: Sweeney, J., Rocco, P.J., and Jones, J.


JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.:

{¶ 1} Plaintiffs-appellants, William Konarzewski and Rachel McCormick (collectively, "plaintiffs"), appeal the trial court's denial of their motion to certify a class action. After reviewing the facts of the case and pertinent law, we affirm in part and reverse and remand in part.

{¶ 2} On March 10, 2007, Rachel McCormick ("McCormick") bought a used 2006 Dodge Charger...

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