GREENBRIAR AT RIVER VALLEY PHASE HOMEOWNERS ASSN., INC. v. POWERMARK HOMES, INC.

No. 96007.

2011 Ohio 2157

GREENBRIAR AT RIVER VALLEY PHASE HOMEOWNERS ASSOCIATION, INC., ET AL. PLAINTIFFS-APPELLEES, v. POWERMARK HOMES, INC. DEFENDANT-APPELLANT.

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

RELEASED AND JOURNALIZED: May 5, 2011.


Attorney(s) appearing for the Case

Bruce W. McClain , 28218 Knickerbocker, Bay Village, Ohio 44140, ATTORNEY FOR APPELLANT.

Kimberly L. Strauss , M. Katherine Bushey , Kevin M. Fields , Darcy Mehling Good , Robert E. Kmiecik , Kaman & Cusimano, L.L.C., 50 Public Square, Suite 2000, Cleveland, Ohio 44113, Shawn W. Schlesinger , Koeth, Rice & Leo Co., L.P.A., 1280 West Third Street, Cleveland, Ohio 44113, For Greenbriar at River Valley Phase Homeowners Association, Inc., Thomas M. Gacse , P.O. Box 1111, Youngstown, Ohio 44501, For Homes Savings and Loan Co. of Youngstown Ohio, Ronald A. Annotico , O'Shea & Associates Co., L.P.A., Beachcliff Market Square, 19300 Detroit Road, Suite 202, Rocky River, Ohio 44116, For Interstate Kitchen Supply, ATTORNEYS FOR APPELLEES.

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


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., P.J.

{¶ 1} This cause came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the trial court records, and briefs of counsel.

{¶ 2} Defendant-appellant, Powermark Homes, Inc. ("Powermark"), appeals from the grant of summary judgment in favor of plaintiff-appellee, Greenbriar at River Valley Phase Homeowners, Inc. ("Greenbriar")...

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