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CitiMORTGAGE, INC. v. FISHEL

No. 11 MA 97.

2012 Ohio 4117

CITIMORTGAGE, INC. SUCCESSOR BY MERGER TO ABN AMRO, PLAINTIFF-APPELLEE, v. W. DANIEL FISHEL, et al., DEFENDANTS-APPELLANTS.

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

September 5, 2012.

Attorney(s) appearing for the Case

Atty. Thomas L. Henderson , Lerner, Sampson & Rothfuss, 120 East Fourth Street, Eighth Floor, Cincinnati, Ohio 45202, for Plaintiff-Appellee.

W. Daniel Fishel , Pro se, Lorraine Fishel , Pro se, P.O. Box 5051, Poland, Ohio 44514-5480, For Defendant-Appellant.

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

OPINION

WAITE, P.J.

{¶1} Appellants W. Daniel and Loraine Fishel appeal the Mahoning County Court of Common Pleas' magistrate's decision recommending judgment in favor of Appellee, CitiMortgage, Inc. ("CitiMortgage"). The appeal arises out of a default judgment and decree in foreclosure entered on August 11, 2009 in favor of Appellee. That judgment was not appealed. Instead, Appellants filed a Civ.R. 60(B) motion to vacate judgment on February...

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