ESTATE OF MONTGOMERY v. OHIO DEPT. OF JOB & FAMILY SERVS.

No. 11 CAH 06 0054.

2012 Ohio 574

PAUL MONTGOMERY, Adm. for the Estate of VIVIAN C. MONTGOMERY, Plaintiff-Appellant, v. OHIO DEPARTMENT OF JOB AND FAMILY SERVICES, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: February 14, 2012.


Attorney(s) appearing for the Case

WILLIAM J. BROWNING , BROWNING, MEYER & BALL, 300 West Wilson Bridge Road, Suite 250, Worthington, Ohio 43085, For Plaintiff-Appellant.

MICHAEL DEWINE , OHIO ATTORNEY GENERAL, REBECCA L. THOMAS , ASSISTANT ATTORNEY GENERAL, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215-3400, For Defendant-Appellee.

W. Scott Gwin, P. J., John W. Wise, J., Patricia A. Delaney, J.


OPINION

WISE, J.

{¶1} Appellant Paul Montgomery, Administrator for the Estate of Vivian C. Montgomery, appeals the decision of the Court of Common Pleas, Delaware County, Ohio, which affirmed a decision by the Ohio Department of Job and Family Services ("ODJFS") regarding Medicaid eligibility for Vivian C. Montgomery. The relevant facts leading to this appeal are as follows.

{¶2} Appellant Paul Montgomery is the...

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