TIME WARNER ENTERTAINMENT CO., L.P. v. KLEESE-BESHARA-KLEESE

No. 2009-T-0010.

2009 Ohio 6712

Time Warner Entertainment Co., LP, Plaintiff, v. Kleese-Beshara-Kleese, d.b.a. Park Hotel Associates, et al., Defendants/Third Party Plaintiffs-Appellees/Cross-Appellants, v. Warren Investments LLC, Third Party Defendant/New Third Party Plaintiff-Appellant/Cross-Appellee, v. Edward A. Kleese, Jr., et al., New Third Party Defendants-Appellees/Cross-Appellants.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

December 18, 2009.


Attorney(s) appearing for the Case

Robert F. Burkey, Burkey, Burkey & Scher Co., L.P.A., 200 Chestnut Avenue, N.E., Warren, OH 44483-5805 (For Defendants/Third Party Plaintiffs-Appellees/Cross-Appellants).

Randil J. Rudloff and John M. Rossi, Guarnieri & Secrest, P.L.L., 151 East Market Street, P.O. Box 4270, Warren, OH 44482 (For Third Party Defendant/New Third Party Plaintiff-Appellant/Cross-Appellee).


OPINION

MARY JANE TRAPP, P.J.

{¶1} Warren Investments, LLC, ("Warren") appeals from a judgment of the Warren Municipal Court regarding liquor permit which was transferred belatedly to Warren when Kleese-Beshara-Kleese ("KBK")1 sold a hotel to Warren. Warren sought $10,000 in liquidated damages pursuant to the terms of the contract and prejudgment interest. The trial court awarded $6,500 without awarding prejudgment...

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