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STATE/DEPARTMENT OF TAXATION v. MARTINEZ

No. 2018-CA-18.

132 N.E.3d 230 (2019)

2019-Ohio-647

STATE of Ohio/DEPARTMENT OF TAXATION, Plaintiff-Appellant, v. Anzio Ray MARTINEZ, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Miami County.

Rendered on the day of February 22, 2019.

Attorney(s) appearing for the Case

ROBERT J. MANN , Atty. Reg. No. 0040491 and MARY SPAHIA-CARDUCCI , Atty. Reg. No. 0033112, 1335 Dublin Road, Suite 212-A, Columbus, Ohio 43215, Attorneys for Plaintiff-Appellant.

ANZIO RAY MARTINEZ, 2245 South County Road 25A, Troy, Ohio 45373, Defendant-Appellee, Pro Se.

OPINION

{¶ 1} The issue that must be resolved is whether the State of Ohio/Department of Taxation (DOT) may engage in post-judgment discovery under Civ.R. 69 without first obtaining an order in aid of execution under R.C. 2333.09. We conclude there is no necessity for a judgment creditor to obtain a R.C. 2333...

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