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COUNTRYWIDE HOME LOANS v. NICHPOR

No. 2012-0578.

136 Ohio St.3d 55 (2013)

2013-Ohio-2083

COUNTRYWIDE HOME LOANS SERVICING, L.P., Appellee, v. NICHPOR ET AL., Appellants.

Supreme Court of Ohio.

Decided May 28, 2013.

Attorney(s) appearing for the Case

Manley, Deas & Kochalski, L.L.C., Matthew J. Richardson , Andrew C. Clark , and Benjamin Ogg , for appellee.

Heban, Sommer & Murphree, L.L.C., Kevin A. Heban , Gary O. Sommer , R. Kent Murphree , and John P. Lewandowski , for appellants.

O'NEILL, J.

{¶ 1} In a foreclosure action, the mortgage company filed a notice of voluntary dismissal pursuant to Civ.R. 41(A)(1)(a), after a default judgment had been entered in favor of the mortgage company and the property was sold at a sheriff's sale. The mortgage company then refiled its complaint in foreclosure. The trial court rejected the borrowers' claim that the action was precluded by res judicata and again granted an order of foreclosure...

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