SETTLER'S VILLAGE CONDOMINIUM v. NESTOR

No. 95302

2011 Ohio 1690

SETTLER'S VILLAGE CONDOMINIUM, PLAINTIFF-APPELLEE, v. ROBERT M. NESTOR, ET AL., DEFENDANTS-APPELLANTS.

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

RELEASED AND JOURNALIZED: April 7, 2011.


Attorney(s) appearing for the Case

Michael Westerhaus , 14255 Peppercreek Drive, Strongsville, Ohio 44136, ATTORNEY FOR APPELLANT.

Arthur Edward Foth , Joseph F. Salzgeber , Foth & Foth Co., L.P.A., 11221 Pearl Road, Strongsville, Ohio 44136, ATTORNEYS FOR APPELLEE.

BEFORE: Jones, J., Celebrezze, P.J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.:

{¶ 1} Defendant-appellant, Robert Nestor ("Nestor"), appeals the trial court's judgment denying his motion for relief from judgment. We reverse and remand.

I. Procedural History and Facts

{¶ 2} Plaintiff-appellee, Settler's Village Condominium, initiated this foreclosure action against Nestor in March 2006. Nestor answered and counterclaimed in April 2006...

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