KEYBANK NATL. ASSN. v. LIBERTY HOLDING GROUP, L.L.C.

No. 93888.

2011 Ohio 923

Keybank National Association, Plaintiff-Appellee, v. Liberty Holding Group, L.L.C., et al., Defendants-Appellants.

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

RELEASED AND JOURNALIZED: March 3, 2011.


Attorney(s) appearing for the Case

Thomas N. Michaels , 839 Southwestern Run, Youngstown, Ohio 44514, Attorney for Appellant.

Suzana K. Koch , Rebecca Kucera Fischer , Porter, Wright, Morris & Arthur LLP, 1700 Huntington Building, 925 Euclid Avenue, Cleveland, Ohio 44145, For KeyBank, N.A. Acquired Capital I, L.P., c/o Tracy Weakly , 4100 Greenbriar, Suite 120, Stafford, TX 77477, Robert N. Lurie , Javitch, Block, and Rathbone, 1100 Superior Avenue, 19th Floor, Cleveland, Ohio 44114-1503, For Acquired Capital I, L.P. William D. Mason , Cuyahoga County Prosecutor, By: Anthony Giunta , Assistant County Prosecutor, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, For James Rokakis. Huntington National Bank, c/o Legal Department, 41 South High Street, Columbus, Ohio 43215, Additional Defendant-Appellee, Attorneys for Appellees.

Before: Cooney, P.J., Rocco, J., and Keough, J.


JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, P.J.:

{¶ 1} Defendant-appellant, The Liberty Holding Group, L.L.C. ("Liberty"), appeals the trial court's granting summary judgment in favor of plaintiff-appellee, KeyBank National Association ("KeyBank").1 Finding no merit to the appeal, we affirm.

{¶ 2} In April 2005, two promissory notes (the "Notes"), with cognovit provisions and...

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