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FIA CARD SERVS. v. MARSHALL

No. 10 CA 864.

2010 Ohio 4244

FIA Card Services, N.A. fka MBNA America Bank, N.A., Plaintiff-Appellee, v. Jon Marshall, Do, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Carroll County.

Dated: September 7, 2010.

Attorney(s) appearing for the Case

Attorney James Oh, William McCann, 1100 Superior Avenue, 19th Floor, Cleveland, Ohio 44114-2531, for Plaintiff-Appellee.

Attorney Michael Hiener, P.O. Box 1, Jefferson, Ohio 44047, for Defendant-Appellant.

Before: Joseph J. Vukovich, Cheryl L. Waite, Mary DeGenaro.

OPINION

VUKOVICH, P.J.

{¶1} Defendant-appellant Jon Marshall, DO, appeals the decision of the Carroll County Common Pleas Court granting summary judgment to plaintiff-appellee FIA Card Services, N.A and denying his motion asking the court to reconsider its prior order that found FIA's request for admissions to be admitted. Marshall admits that he did not timely respond to FIA's request. However, he argues that since he never received notice...

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