VOLBERS-KLARICH v. MIDDLETOWN MGT. INC.

No. 2009-0933.

125 Ohio St.3d 494 (2010)

2010-Ohio-2057

VOLBERS-KLARICH, Appellant, v. MIDDLETOWN MANAGEMENT, INC. ET AL., Appellees.

Supreme Court of Ohio.

Decided May 18, 2010.


Attorney(s) appearing for the Case

Dyer, Garofalo, Mann & Schultz and Kenneth J. Ignozzi, for appellant.

James M. McDaniel, for appellee.


LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} The primary question before the court is this: when a vendor fraudulently charges its customer a nonexistent tax, must the customer attempt to recover those funds through a "refund" from the taxing authority, or may the customer attempt to recover those funds directly from the vendor? We must also determine whether the appellant herein pleaded fraud with sufficient particularity and...

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