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FENDER v. MILES

No. CA2009-01-003.

185 Ohio App.3d 136 (2009)

2009-Ohio-6043

FENDER et al., Appellants, v. MILES et al., Appellees.

Court of Appeals of Ohio, Twelfth District, Brown County.

Decided November 16, 2009.

Attorney(s) appearing for the Case

T. Tod Mollaun, for appellants.

Sharon Shartzer, for appellee, Heather Miles.

Robert J. Byrne, for defendant, Brown County Department of Jobs and Family Services.

BRESSLER, Presiding Judge.

{¶ 1} Plaintiffs-appellants, Molly E. Fender and her two daughters, appeal a decision of the Brown County Court of Common Pleas dismissing their complaint against defendant-appellee, Heather L. Miles, because of appellants' failure to bring their claims as compulsory counterclaims under Civ.R. 13(A) in a previous action between Miles's insurer and Fender.

{¶ 2} In 2003, Fender's vehicle collided...

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