REVOCABLE LIVING TRUST OF MANDEL v. LAKE ERIE UTIL. CO.

No. 97859.

2012 Ohio 5718

REVOCABLE LIVING TRUST OF STEWART I. MANDEL, PLAINTIFF-APPELLANT, v. LAKE ERIE UTILITIES CO., ET AL., DEFENDANTS-APPELLEES.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: December 6, 2012.


Attorney(s) appearing for the Case

Orville E. Stifel, II , 5310 Franklin Boulevard, P.O. Box 602780, Cleveland, Ohio 44102, Attorney for Appellant.

James C. Barney , Kocher & Gillum, 101 1/2 Madison Street, Port Clinton, Ohio 43452, for Lake Erie Utilities Co. David M. Buda , Burgundy Bay Association, Inc., 35 East Livingston Avenue, Columbus, Ohio 43215, for Burgundy Bay Association, Inc. Harry Giltz, Sr., pro se, 4835 Munson, Canton, Ohio 44718, for Harry Giltz, Sr. David Thompson, pro se, 9967 Sage Creek Drive, Galena, Ohio 43021, for David W. Thompson, et al. Joseph Rosalina , Russo, Rosalina & Co., L.P.A., 691 Richmond Road, Richmond Heights, Ohio 44143, for Trust Beneficiaries, Attorneys for Appellees.

BEFORE: Celebrezze, J., Stewart, P.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, Jr., J.

{¶1} Appellant, Morris Mandel, trustee of the Revocable Living Trust of Stewart I. Mandel, brings this appeal following the dismissal of his declaratory judgment action pursuant to Civ.R. 12(b)(1) and 12(b)(6). The trustee argues that he has standing to bring this contract dispute, the Cuyahoga County Probate Court has jurisdiction to hear it, and Cuyahoga county is the proper venue...

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