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FIRST MERCHANTS BANK v. GOWER

Appellate No. 2011-CA-11.

2012 Ohio 833

FIRST MERCHANTS BANK, Plaintiff-Appellee, v. JERRY A. GOWER, et al., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Darke County.

Rendered on March 2, 2012.

Attorney(s) appearing for the Case

JAMES DETLING , Atty. Reg. #0042728, Hanes, Schipfer, Cooper, Graber, Gullozet & Detline, Ltd., 597 South Broadway, Greenville, Ohio 45331 and RICHARD G. MURRAY, II , Atty. Reg. #0072955, MICHAEL N. SCHAEFFER , Atty. Reg. # 0072955, and SCOTT N. SCHAEFFER , Atty. Reg. #0020480, Kemp, Schaeffer & Rowe, Co., L.P.A., 88 West Mound Street, Columbus, Ohio 43215, Attorneys for Plaintiff-Appellee, First Merchants Bank.

MICHAEL SCHULER , Atty. Reg. #0082390, Office of the Ohio Attorney General, 30 East Broad Street, 16th Floor, Columbus, Ohio 43215, Attorney for Defendant-Appellant, Ohio Attorney General.

R. KELLY ORMSBY , Atty. Reg. #0020615, 504 South Broadway, Greenville, Ohio 45331, Attorney for Defendant-Appellee, Darke County Treasurer.

CHARLES NOE , Atty. Reg. #0001757, 810 Sycamore Street, 4th Floor, Cincinnati, Ohio 45202, Attorney for Defendant-Appellee, PHI Financial/H&R Accounts ROGER LURING , Atty. Reg. #0010834, 314 West Main Street, Troy, Ohio 45373, Attorney for Defendant-Appellee, Jerry A. Gower.

THE ANSONIA LUMBER COMPANY, 300 South Main Street, Ansonia, Ohio 45303 Defendant-Appellee, pro se.

OPINION

FAIN, J.

{¶ 1} In this unusual appeal, a trial court in a foreclosure action in which an order of sale had been entered and a sale was pending: (1) decided sua sponte to raise a constitutional issue concerning one part of the foreclosure sale statute — R.C. 2329.191(B) — that none of the parties had challenged; (2) directed the Ohio Attorney General to brief the issue of the constitutionality of the statute; (3) entered...

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