ALLSTATE INS. CO. v. WITTA

C.A. No. 25738.

2011 Ohio 6068

Allstate Insurance Company, et al., Appellants, v. Joel D. Witta, Appellee.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: November 23, 2011.


Attorney(s) appearing for the Case

Daran P. Kiefer , Attorney at Law, for Appellants.

Perrin I. Sah and Kelly N. Grigsby , Attorneys at Law, for Appellee.


DECISION AND JOURNAL ENTRY

BELFANCE, Presiding Judge.

{¶1} Allstate Insurance Company and Jocelyn Sable (together, "Plaintiffs") appeal from the trial court's awarding of summary judgment to Mr. Witta. For the reasons set forth below, we are without jurisdiction to consider their first assignment of error, and we vacate the trial court's sua sponte reactivation of the previously dismissed action.

I.

{¶2}

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