STATE v. KONDUSH

No. 95526.

2011 Ohio 1963

STATE OF OHIO, PLAINTIFF-APPELLEE, v. BORYS KONDUSH, DEFENDANT. APPEAL BY SENECA INSURANCE COMPANY.

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

RELEASED AND JOURNALIZED: April 21, 2011.


Attorney(s) appearing for the Case

Larry W. Zukerman , S. Michael Lear , Zukerman, Daiker & Lear Co., LPA, 3912 Prospect Avenue, Cleveland, Ohio 44115, for Seneca Insurance Company, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Matthew E. Meyer , Thorin O. Freeman , Assistant County Prosecutors, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Kilbane, A.J., Blackmon, J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, A.J.

{¶ 1} Appellant, Seneca Insurance Company (Seneca), appeals from the trial court's denial of its motion to relieve surety of liability on the bond. Finding merit to the appeal, we reverse and remand.

{¶ 2} This appeal arises out of a criminal case by plaintiff-appellee, the state of Ohio (State) against defendant, Borys Kondush (Kondush). On August 1, 2005, Kondush...

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