CitiMORTGAGE, INC. v. ROBSON

No. 2011-CA-0017.

2011 Ohio 4617

Citimortgage, Inc., Plaintiff-Appellee, v. Donald Scott Robson, et al, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: September 13, 2011.


Attorney(s) appearing for the Case

ROBERT V. KISH , REMINGER CO., L.P.A., 65 East State Street, Ste. 400 Columbus, OH 43215-4227, for Plaintiff-Appellee.

GREGORY G. BARAN , 3 North Main Street, Ste. 500, Mansfield, OH 44902, For M&K General Contracting.

JAMES L. BLUNT, II. , 105 Sturges Avenue, Mansfield, OH 44903, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Julie A. Edwards, J.


OPINION

GWIN, P.J.

{¶1} Defendant-appellant Donald Scott Robson appeals a summary judgment of the Court of Common Pleas of Richland County, Ohio, granted in favor of plaintiff-appellee CitiMortgage, Inc. on appellant's counterclaim. Appellant assigns two errors to the trial court:

{¶2} "I. THE TRIAL COURT ERRED BY SUA SPONTE RULING THAT PLAINTIFF, CITIMORTGAGE, INC., HAD AUTHORITY PURSUANT TO THE MORTGAGE TO ENTER...

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