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HEEKIN v. SILVER RULE MASONRY, INC.

Appeal No. C-100585.

2011 Ohio 2775

Harold Heekin, Plaintiff-Appellee, v. Silver Rule Masonry, Inc., John Doe, John Doe II, and Ruben Medina, Defendants, v. FCA Construction Company, LLC, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: June 10, 2011.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, LLP, and Kyle Shaw , for Appellant.

Robbins, Kelly, Patterson & Tucker and Daniel J. Temming , for Plaintiff-Appellee.

DECISION.

FISCHER, Judge.

{¶1} FCA Construction Company, LLC, ("FCA") appeals a $2,000 contempt sanction imposed by the trial court for FCA's failure to comply with a subpoena duces tucem. Because we determine that the evidence in the record did not support a finding of contempt and that the trial court did not follow the required procedures in imposing the contempt sanction, we must reverse.

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