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FIFTH THIRD MTGE. CO. v. OREBAUGH

No. CA2011-03-039.

2011 Ohio 4472

Fifth Third Mortgage Co., Plaintiff-Appellee, v. Rebecca Orebaugh, et al., Defendants-Appellants.

Court of Appeals of Ohio, Twelfth District, Butler County.

September 6, 2011.

Attorney(s) appearing for the Case

Brian R. Gutkoski , 24755 Chagrin Boulevard, Suite 200, Cleveland, Ohio 44122, for plaintiff-appellee.

Worrell A. Reid , 6718 Loop Road, #2, Centerville, Ohio 45459, for defendant-appellant.

OPINION

POWELL, P.J.

{¶1} Rebecca Orebaugh asks this court to overturn the grant of summary judgment to Fifth Third Mortgage Company in a foreclosure action. The judgment is reversed because the grant of summary judgment was void as it was predicated on another void action when the trial court set aside a previously-granted default judgment while the case was on appeal.

{¶2} According to the record, plaintiff-appellee...

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