STATE EX REL. CAPITAL ONE BANK (USA) N.A. v. KARNER

No. 96739.

2011 Ohio 6439

State of Ohio, ex rel. Capital One Bank (USA) N.A., Relator, v. Judge Cheryl S. Karner, et al., Respondent.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED DATE: December 13, 2011.


Attorney(s) appearing for the Case

Kimberly Y. Smith Rivera , James S. Wertheim , McGlinchey Stafford, PLLC, 25550 Chagrin Blvd., Suite 406, Cleveland, OH 44122, Attorneys for Relator.

William D. Mason , Cuyahoga County Prosecutor, By: Charles E. Hannan, Jr. , Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorney for Respondent.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} On April 29, 2011, the relator, Capital One Bank (USA) N.A. ("Capital One") commenced this prohibition and mandamus action against the respondent, Judge Cheryl Karner. Capital One is asking this court to prevent the judge from taking any action against Capital One for not responding to a subpoena and an order to compel and to have her vacate in its entirety her order granting the motion...

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