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STAR-EX, INC. v. HIGGS

No. 10-CA-06.

189 Ohio App.3d 172 (2010)

2010-Ohio-3332

STAR-EX, INC., et al., Appellants, v. HIGGS, Appellee.

Court of Appeals of Ohio, Second District, Miami County.

Decided July 16, 2010.

Attorney(s) appearing for the Case

James D. Utrecht , for appellants.

Lopez, Severt & Pratt Co., L.P.A., Jose M. Lopez , and Christopher D. Clark , for intervening defendant-appellees, Stewart Webb and Monica Webb.

Subashi & Wildermuth, Nicholas E. Subashi , and Halli J. Brownfield , for appellee, William J. Higgs.

BROGAN, Judge.

{¶ 1} Plaintiffs-appellants, Star-Ex, Inc., and Westfield Group, appeal from the trial court's January 7, 2010 order sustaining a third-party motion to intervene and granting relief from judgment under Civ.R. 60(B)(5).

{¶ 2} In their sole assignment of error, Star-Ex and Westfield contend that the trial court "erred in vacating the judgment more than one year after issuing it, without relief being sought by...

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