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APRIL ENTS., INC. v. ESTATE OF McCABE

Appellate No. 24065.

2011 Ohio 3271

April Enterprises, Inc., dba The Walnut Creek Nursing Center, Plaintiff-Appellee, v. The Estate of Mary Mccabe and Maureen Mccabe, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on June 30, 2011.

Attorney(s) appearing for the Case

STEVEN C. KATCHMAN , Atty. Reg. #0042090, 137 North Main Street, Suite 610, Dayton, Ohio 45402, Attorney for Plaintiff-Appellee.

MAUREEN McCABE , 7406 Cheshire Road, Dayton, Ohio 45459 Defendant-Appellant, pro se.

OPINION

FAIN, J.

{¶ 1} This is an appeal from a default judgment rendered against Maureen McCabe, in the amount of $18,488.48, plus interest and costs. We conclude that the trial court erred by rendering default judgment against McCabe, who had entered an appearance in the action, without first having accorded her at least seven days notice and an opportunity to be heard, as required by Civ. R. 55(A). Accordingly, the judgment of the trial...

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