MARTIN v. LAKE MOHAWK PROPERTY OWNER'S ASSN., INC.

No. 10 CA 869.

2011 Ohio 6538

Emery Martin, et al., Plaintiffs-Appellants, v. Lake Mohawk Properties Owner's Association, Inc., et al., Defendants-Appellees.

Court of Appeals of Ohio, Seventh District, Carroll County.

Dated: December 16, 2011.


Attorney(s) appearing for the Case

Attorney Bruce H. Wilson , 789 West Market Street, Akron, Ohio 44303, for Plaintiffs-Appellants.

Attorney John F. Hersch , UAW-Ford Legal Services Plan, 8536 Crow Drive, Suite 110, Macedonia, Ohio 44056, for Defendants-Appellees Robert and Nancy Mizerik.

Attorney Brian R. Mertes , Black, McCuskey, Souers & Arbaugh, 220 Market Ave., South, Suite 1000, Canton, Ohio 44702, Lake Mohawk Property Owner's Assoc. for Defendants-Appellees.

Before: Cheryl L. Waite, Gene Donofrio, Joseph J. Vukovich.


OPINION AND JUDGMENT ENTRY

PER CURIAM.

{¶ 1} Appellants have filed an application for en banc consideration of this appeal under App.R. 26(A)(2) combined with an application for reconsideration of our Opinion pursuant to App.R. 26(A)(1). We will first deal with the application for en banc consideration. Under App.R. 26(A)(2)(a), if a majority of the court of appeals judges in an appellate district determine that two or more decisions of...

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