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TED MESMER & SONS, INC. v. RUTANA

No. 09 MA 36.

2009 Ohio 5911

Ted Mesmer & Sons, Inc., Plaintiff-Appellee, v. David Rutana, et al., Defendants-Appellants.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: November 4, 2009.

Attorney(s) appearing for the Case

David Powers, 20 South Main Street, Columbiana, Ohio 44408, for Plaintiff-Appellee.

Matthew Giannini, 1040 South Commons Place, Suite 200, Youngstown, Ohio 44514, for Defendants-Appellants.

Before: Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite, Hon. Mary DeGenaro.

OPINION

VUKOVICH, P.J.

¶{1} Defendant-appellant David Rutana appeals the decision of the Mahoning County Common Pleas Court which denied his motion to vacate the court's prior judgment entered in favor of plaintiff-appellee Ted Mesmer & Sons, Inc. The issue on appeal is whether the trial court's prior judgment must be vacated as a void judgment. Appellant urges that a judgment is void where it discharged third party liens in what appellant...

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