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THE CARTER-JONES LUMBER CO. v. FAIRWAYS AT BOULDER CREEK — PORTAGE COUNTY, LLC

No. 2011-P-0049.

2012 Ohio 1888

THE CARTER-JONES LUMBER COMPANY, d.b.a. CARTER LUMBER CO., ASSIGNEE OF FIRSTMERIT BANK, N.A., Plaintiff-Appellee, v. FAIRWAYS AT BOULDER CREEK — PORTAGE COUNTY, LLC, et al., Defendants, FAIRWAY PARTNERS, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Portage County.

April 30, 2012.

Attorney(s) appearing for the Case

John A. Daily and Sidney N. Freeman , Sidney N. Freeman Co., L.P.A., 2475 Massillon Road, Akron, OH 44312-5316 (For Plaintiff-Appellee).

Chad E. Murdock , 228 West Main Street, P.O. Box 248, Ravenna, OH 44266 (For Defendant-Appellant).

OPINION

THOMAS R. WRIGHT, J.

{¶1} This appeal is based upon a final judgment of the Portage County Court of Common Pleas. Appellant, Fairway Partners, challenges the merits of the trial court's decision overruling its objections and adopting the magistrate's recommendation as to the final disposition of the underlying civil action. Specifically, appellant asserts that the trial court should have found that it had an equitable lien on certain...

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