DEUTSCHE BANK NATL. TRUST CO. v. RUDOLPH

No. 98383.

2012 Ohio 6141

DEUTSCHE BANK NATIONAL TRUST COMPANY, PLAINTIFF-APPELLANT, v. KAREN RUDOLPH, ET AL., DEFENDANTS-APPELLEES.

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

Released and Journalized: December 27, 2012.


Attorney(s) appearing for the Case

Margaret E. Cunningham , Pamela S. Petas , Gerner & Kearns Co., LPA, 215 West Ninth Street, Cincinnati, Ohio 45202, Attorneys for Appellant.

Grace Doberdruk , Dann, Doberdruk & Wellen, LLC, 4600 Prospect Avenue, Cleveland, Ohio 44103, for Karen Rudolph, Tidewater Finance Company, T/A Tidewater Motor Credit, etc., 6520 Indian River Road, Virginia Beach, Virginia 23464, for Tidewater Finance Company. Unknown Spouse of Karen Rudolph , 4628 Burleigh Road, Garfield Heights, Ohio 44125, for Unknown Spouse of Karen Rudolph, Attorney for Appellees.

BEFORE: Boyle, P.J., Jones, J., and Keough, J.


JOURNAL ENTRY AND OPINION

MARY J. BOYLE, P.J.

{¶1} Plaintiff-appellant, Deutsche Bank National Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2006-2 ("Deutsche"), appeals from the trial court's decision granting the motion to dismiss filed by defendant-appellee, Karen Rudolph. Deutsche raises three assignments of error:

[I.] The trial court erred in failing to treat the motion to dismiss the complaint...

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