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NEW ALBANY PARK v. LIFESTYLE COMMUNITIES

No. 10AP-118.

195 Ohio App.3d 459 (2011)

2011-Ohio-2806

NEW ALBANY PARK CONDOMINIUM ASSOCIATION et al., Appellees, v. LIFESTYLE COMMUNITIES, LTD. et al., Appellants.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided June 9, 2011.

Attorney(s) appearing for the Case

McFadden, Winner, Savage & Segerman, James S. Savage and Douglas J. Segerman , for appellees.

Newhouse, Prophater, Letcher & Moots, L.L.C., D. Wesley Newhouse , and Barbara K. Letcher , for appellants Lifestyle Communities, Ltd., Onsite Grounds Maintenance, Ltd., and New Albany Park, Ltd.

Vorys, Sater, Seymour & Pease, L.L.P., William G. Porter II , J. Theodore Smith , and Daren S. Garcia , for appellants Michael Deascentis, II, Michael Deascentis Sr., Jason Souder, James Frey, and Clark Newell.

CONNOR, Judge.

{¶ 1} Defendants-appellants, Lifestyle Communities, Ltd. and New Albany Park, Ltd. appeal from an order of the Franklin County Court of Common Pleas granting the motion of plaintiffs-appellees, New Albany Park Condominium Association, Jared J. Dominak, and Michael D. Montgomery, to certify as a class action their claim for intentional misrepresentation as a violation of R.C. 5311.26. For the following reasons, we affirm.

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