CLARK v. PARK `N FLY

No. 94379.

2011 Ohio 323

Daniel Clark, Plaintiff-Appellant, v. Park `N Fly, Defendant-Appellee.

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

RELEASED AND JOURNALIZED: January 27, 2011.


Attorney(s) appearing for the Case

Jonathon M. Yarger , Evan T. Byron , Chernett, Wasserman, Yarger, LLC, 1301 East Ninth Street, Suite 3300, Cleveland, Ohio 44114, Joseph E. Rutigliano, Jr. , 260 Meadowhill Lane, Moreland Hills, Ohio 44022, Attorneys for Appellant.

Jeremy Gilman , Camille A. Miller , Benesch, Friedlander, Coplan & Aronoff, LLP, 2300 BP-America Building, 200 Public Square, Cleveland, Ohio 44114-2378, Attorneys for Appellee.

Before: Boyle, J., Stewart, P.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.

{¶ 1} Plaintiff-appellant, Daniel Clark, appeals from a judgment of the Cuyahoga County Court of Common Pleas denying his motion for class certification regarding his claims that defendant-appellee, Park `N Fly, violated the Ohio Consumer Sales Practices Act ("CSPA"), committed fraud, and breached contracts with its customers. He raises one assignment of error for our review:

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