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PNC BANK, NATL. ASSN. v. BOTTS

No. 12AP-256.

2012 Ohio 5383

PNC Bank, National Association c/o Select Portfolio Servicing, Inc., Plaintiff-Appellee, v. Thomas N. Botts, Jr., Defendant-Appellant, Beth J. Botts et al., Defendants-Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

November 20, 2012.

Attorney(s) appearing for the Case

McGlinchey Stafford PLLC, Monica Levine Lacks , and James S. Wertheim , for appellee PNC Bank.

Dann, Doberdruk & Wellen LLC, Marc E. Dann , and Grace Doberdruk , for appellant.

DECISION

BROWN, P.J.

{¶ 1} Thomas N. Botts, Jr., defendant-appellant, appeals the judgment of the Franklin County Court of Common Pleas, in which the court denied his motion to vacate judgment pursuant to Civ.R. 60(B) and motion to dismiss pursuant to Civ.R. 12(B)(1), and found moot his motion to stay the sheriff's sale.

{¶ 2} On December 27, 2004, Botts and his wife, Beth J. Botts, executed a promissory note in...

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