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DLJ MTGE. CAPITAL, INC. v. VanTILBURG

No. 12AP-394.

2012 Ohio 5523

DLJ Mortgage Capital, Inc., Plaintiff-Appellee, v. Stephanie VanTilburg et al., Defendants-Appellants.

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

November 29, 2012.

Attorney(s) appearing for the Case

Reisenfeld & Associates, LPA LLC, and Mathew A. Taulbee ; Squire, Sanders & Dempsey (US) LLP, and Colter L. Paulson , for appellee.

Duncan Simonnete, Inc., Brian K. Duncan and Bryan D. Thomas , for appellants.

DECISION

TYACK, J.

{¶ 1} Stephanie and Timothy VanTilburg are appealing from the refusal of the trial court to sustain their Civ.R. 60(B) motion in their foreclosure case. They assign six errors for our consideration:

[I.] THE TRIAL COURT ERRED WHEN IT FAILED TO VACATE ITS SEPTEMBER 22, 2011 JUDGMENT ENTRY BASED ON CIV. R. 60(B)(1) AND/OR (5). [II.] THE TRIAL COURT ERRED WHEN IT FAILED TO VACATE ITS SEPTEMBER 22, 2011...

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