OHIOTELNET.COM, INC. v. WINDSTREAM OHIO, INC.

No. 2012-CA-29.

2012 Ohio 5969

OHIOTELNET.COM, INC., ET AL, Plaintiff-Appellant, v. WINDSTREAM OHIO, INC., Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Licking County.

December 14, 2012.


Attorney(s) appearing for the Case

JAMES COOPER , MATTHEW J. KUNSMAN , Morrow, Gordon & Byrd, Ltd, 33 W. Main Street, P.O. Box 4190, Newark, OH 43058-4190, for Plaintiffs-Appellants.

WILLIAM ADAMS , Bailey Cavalieri LLC, 10 West Broad Street, Suite 2100, Columbus, OH 43215, for Defendant-Appellee.

Patricia A. Delaney, P.J., W. Scott Gwin, J. and William B. Hoffman, J., Judges.


OPINION

GWIN, J.

{¶ 1} Plaintiffs Ohiotelnet (OTN) and Midwest Service Management (MSM) appeal two judgments, a partial dismissal and a summary judgment, of the Court of Common Pleas of Licking County, Ohio, finding lack of jurisdiction. Defendant-appellee is Windstream Ohio, Inc. formerly known as ALLTEL Ohio, Inc. Appellants assign two errors:

{¶ 2} "I. THE TRIAL COURT ERRED BY GRANTING WINDSTREAM'S MOTION TO...

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