MATHENY v. KEISTER

No. 09-CA-00002.

2009 Ohio 5846

Michael L. Matheny, et al, Plaintiffs-Appellants, v. Gene Keister, et al, Defendants-Appellees.

Court of Appeals of Ohio, Fifth District, Perry County.

DATE OF JUDGMENT ENTRY: November 4, 2009.


Attorney(s) appearing for the Case

Gerald J. Tiberio, Jr, 50 North Fourth Street, P. O. Box 1030, Zanesville, OH 43702-1030, for Plaintiff-Appellant.

Mark J. Howdyshell, 113 North Main Street, P.O. Box 508, New Lexington, OH 43764, Steven Davis, 11 S. Broad Street, Suite 209, Lancaster, OH 43130, For City of New Lexington, For Defendant-Appellee.

Before: Hon. W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon. Julie A. Edwards, J.


OPINION

GWIN, P.J.

{¶1} Plaintiffs-appellants Michael L. and Darla M. Matheny appeal a judgment of the Court of Common Pleas of Perry County, Ohio, which overruled their motion to set aside a surveyor's determination and for appointment of a different surveyor. The court ordered the survey of Kevin Cannon be effective as to the parties' settlement agreement. Defendants-appellees are The City of New Lexington, Gene and Betty Keister, Debra...

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