STATE EX REL. FIFTH THIRD MTGE. CO. v. RUSSO

Nos. 94816, 94817, 94818

2010 Ohio 3734

State of Ohio, ex rel. Fifth Third Mortgage Co., Relator, v. Honorable Nancy Margaret Russo, Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 10, 2010.


Attorney(s) appearing for the Case

John C. Greiner, Katherine M. Lasher, Graydon Head & Ritchey LLP, 1900 Fifth Third Center, 511 Walnut Street, Cincinnati, Ohio 45202-3157, Attorneys for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: Charles E. Hannan, Jr., Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Respondent.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Relator, Fifth Third Mortgage Co. ("Fifth Third"), is the plaintiff in a foreclosure action known as Fifth Third Mtge. Co. v. Markus, Cuyahoga Cty. Court of Common Pleas Case No. CV-704576, which has been assigned to respondent judge. After Fifth Third filed a notice of dismissal without prejudice in Case No. CV-704576, respondent issued a journal entry on March 4, 2010 striking...

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