RHODES v. SINCLAIR

No. 11 MA 181.

2012 Ohio 5603

AL RHODES, PERSONAL REPRESENTATIVE OF THE ESTATE OF HENRY DiBLASIO, DECEASED, PLAINTIFF-APPELLANT, v. R. ALLEN SINCLAIR, et al., DEFENDANTS-APPELLEES.

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

November 30, 2012.


Attorney(s) appearing for the Case

Attorney Alan Matavich , 205 Home Savings Bank Building, 32 State Street, Struthers, Ohio 44471, For Plaintiff-Appellant.

Attorney R. Allen Sinclair , 11 Overhill Road, Youngstown, Ohio 44512, For Defendants-Appellees.

Joseph J. Vukovich, Gene Donofrio and Mary DeGenaro, Judges.


OPINION

VUKOVICH, J.

{¶ 1} Plaintiff-appellant Al Rhodes, Personal Representative of the Estate of Henry DiBlasio (referred to as DiBlasio) appeals the decision of the Mahoning County Common Pleas Court granting summary judgment in favor of defendants-appellees R. Allen Sinclair, et al. The trial court determined that a complaint sounding in creditor's bill, R.C. 2333.01, is not the appropriate procedure for garnishment of earned or potentially...

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