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BALLREICH BROS., INC. v. CRIBLEZ

App. No. 05-09-36

2010 Ohio 3263

Ballreich Bros., Inc, Plaintiff-Appellee, v. Roger J. Criblez, et al., Defendants/Third-party Plaintiffs/Appellants. v. Eastman & Smith, Ltd, et al., Third-Party Defendants/Appellees.

Court of Appeals of Ohio, Third District, Hancock County.

Date of Decision: July 12, 2010.

Attorney(s) appearing for the Case

Alton L. Stephens, Monica A. Sansalone and Jeffrey D. Stupp, for Third-Party Defendants/Appellees Eastman & Smith, LTD and Gary M. Harden.

Richard G. Witkowski and Nicholas J. Dertouzos, for Third-Party Plaintiffs-Appellants, Roger J. Criblez and Pry CPA Services, LLC.

OPINION

BROGAN, J.

{¶1} Pry CPA Services, LLC (Pry), and Roger Criblez appeal from the trial court's Civ.R. 12(B)(6) dismissal of their third-party complaint against third-party defendants Eastman & Smith, Ltd. (Eastman), and Gary Harden.

{¶2} Pry and Criblez advance two assignments of error on appeal. First, they contend the trial court erred in dismissing their third-party complaint "on the merits with prejudice...

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