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STATE EX REL. FIFTH THIRD MTGE. CO. v. RUSSO

No. 2010-1579.

129 Ohio St.3d 250 (2011)

2011-Ohio-3177

THE STATE EX REL. FIFTH THIRD MORTGAGE COMPANY, Appellee and Cross-Appellant, v. RUSSO, JUDGE, Appellant and Cross-Appellee.

Supreme Court of Ohio.

Decided July 6, 2011.

Attorney(s) appearing for the Case

Graydon, Head & Ritchey, L.L.P., John C. Greiner , Harry W. Cappel , and Katherine M. Lasher , for appellee and cross-appellant.

William D. Mason , Cuyahoga County Prosecuting Attorney, and Charles E. Hannan , Assistant Prosecuting Attorney, for appellant and cross-appellee.

PER CURIAM.

{¶ 1} This is an appeal from a judgment granting writs of mandamus and prohibition against appellant and cross-appellee, Cuyahoga County Court of Common Pleas Judge Nancy Margaret Russo. The writ of mandamus directed Judge Russo to vacate the portion of her order striking the notice of appellee and cross-appellant, Fifth Third Mortgage Company, voluntarily dismissing its foreclosure action without prejudice. The writ of prohibition ordered...

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