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FIFTH THIRD BANK v. SCHOESSLER'S SUPPLY RM.

No. CA2009-11-153.

190 Ohio App.3d 1 (2010)

2010-Ohio-4074

FIFTH THIRD BANK, Appellee, v. SCHOESSLER'S SUPPLY ROOM, L.L.C., Appellant.

Court of Appeals of Ohio, Twelfth District, Warren County.

Decided August 30, 2010.

Attorney(s) appearing for the Case

Statman, Harris & Eyrich, L.L.C., Patricia L. Hill , and Hannah W. Hutman , for appellee.

Katz, Greenberger & Norton, L.L.P., and Scott H. Kravetz , for appellant.

POWELL, Judge.

{¶ 1} Defendant-appellant, Schoessler's Supply Room, L.L.C. ("SSR"), appeals the Warren County Court of Common Pleas decision denying SSR relief from both a cognovit judgment and a default judgment in favor of plaintiff-appellee, Fifth Third Bank.

{¶ 2} On January 13, 2006, SSR executed two Small Business Administration notes and a security agreement in favor of Fifth Third. The first note (Note 42) represented...

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