FALIVENE v. BOB SCHMITT HOMES, INC.

No. 96494.

2012 Ohio 259

Carl J. Falivene, et al., Plaintiffs-Appellants, v. BOB Schmitt Homes, Inc., Defendant-Appellee.

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

RELEASED AND JOURNALIZED: January 26, 2012.


Attorney(s) appearing for the Case

Shawn W. Maestle, Esq. , John G. Farnan, Esq. , Melanie S. Shaerban, Esq. , Weston Hurd, LLP, The Tower at Erieview, 1301 East Ninth Street, Suite 1900, Cleveland, Ohio 44114-1862, Attorneys for Appellants.

Mark Fusco, Esq. , Sara Ravas Cooper, Esq. , Walter & Haverfield, LLP, 1301 E. Ninth Street, Suite 3500, Cleveland, Ohio 44114, Attorneys for Appellee.

Before: Sweeney, J., Kilbane, P.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

JAMES J. SWEENEY, J.

{¶ 1} Appellants, Carl J. Falivene and Denise A. Falivene,1 appeal from the trial court's orders that granted the following motions filed by defendant-appellee Bob Schmitt Homes, Inc.: (1) for Plaintiff to elect remedies; (2) to exclude parol evidence; and (3) for summary judgment in its favor on all of appellants' claims. For the reasons that follow, we affirm...

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