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ALLSTATE INS. CO. v. SMELTZER

C.A. No. 25136.

2011 Ohio 2632

Allstate Insurance Co., Appellant, v. Robert Smeltzer, et al., Appellees.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: June 1, 2011.

Attorney(s) appearing for the Case

David L. Lester , Attorney at Law, for Appellant.

Henry W. Chamberlain , Attorney at Law, for Appellees.

Paul W. Flowers , Attorney at Law, for Appellees.

DECISION AND JOURNAL ENTRY

BELFANCE, Presiding Judge.

{¶1} Appellant, Allstate Insurance Company, appeals the order of the Summit County Court of Common Pleas that granted summary judgment to Appellees, Robert and Mary Smeltzer. Because the trial court did not properly determine a threshold question in the course of deciding that the Smeltzers are entitled to judgment as a matter of law, this Court reverses and remands the case for consideration...

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