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MIDDLETON v. LUNA'S RESTAURANT & DELI, LLC

No. 2011-CA-00181.

2012 Ohio 348

David B. Middleton, Plaintiff-Appellee, v. Luna's Restaurant and Deli, LLC, et al, Defendant-Appellees, Mike Tabbaa, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: January 30, 2012.

Attorney(s) appearing for the Case

DAVID B. SPALDING , 157 Wilbur Drive N.E., North Canton, OH 44720, for Plaintiff-Appellee.

MIKE TABBAA PRO SE, 8405 Cherry Hill Lane, Broadview Heights, OH 44147, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., John W. Wise, J.

OPINION

GWIN, P.J.

{¶ 1} Defendant-appellant Mike Tabbaa appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which affirmed the decision of a magistrate overruling appellant's motion for relief from judgment. Plaintiff-appellee is David B. Middleton. Appellant assigns four errors to the trial court:

{¶ 2} "I. THE TRIAL COURT ERRED IN PROCEEDING WITH THE CASE ONCE THE NOTICE OF APPEAL WAS FILED...

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