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CALIN v. NEMES

No. 11 MA 12.

2012 Ohio 1409

GHEORGE CALIN, et al., PLAINTIFFS-APPELLANTS, v. GHEORGE NEMES, et al., DEFENDANTS-APPELLEES.

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

Dated: March 22, 2012.

Attorney(s) appearing for the Case

Attorney Jeremy Teaberry , Attorney Richard Thomas , 6 Federal Plaza Central, Suite 1300, Youngstown, OH 44503-1473, for Plaintiffs-Appellants.

No Brief Filed, for Defendants-Appellees.

Mary DeGenaro, Cheryl L. Waite, Joseph J. Vukovich, Judges.

OPINION

DeGENARO, J.

{¶ 1} Plaintiffs-Appellants Gheorghe and Elena Calin appeal the December 22, 2010 judgment of the Mahoning County Common Pleas Court dismissing their complaint against Defendants-Appellees, Gheorghe and Elena Nemes, on res judicata grounds. Appellants contend that Appellees waived the defense of res judicata, that the court erred by disposing the case via a Civ.R. 12(B)(6) motion, and that substantively res judicata...

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