FONZI v. MILLER

No. 19 MO 0011.

155 N.E.3d 986 (2020)

2020-Ohio-3739

Harry A. FONZI, III and Linda Grimes, Plaintiffs-Appellants, v. Allen B. MILLER, M. Craig Miller, Brenda Thomas, and Eclipse Resource I, LP, Defendants-Appellees.

Court of Appeals of Ohio, Seventh District, Monroe County.

Dated: June 29, 2020.


Attorney(s) appearing for the Case

Atty. Mark Fischer , Yukevich, Marchetti, Fischer, Zangrilli, P.C., 11 Stanwix Street, Suite 1024, Pittsburgh, Pennsylvania 15222-1324, for Plaintiffs-Appellants.

Atty. Daniel P. Corcoran , Atty. Adam J. Schwendeman , Theisen Brock, LPA, 424 Second Street, Marietta, Ohio 45750, for Defendants-Appellees, Allen B. Miller, M. Craig Miller, and Brenda Thomas.

Atty. Holly S. Planinsic , Herndon, Morton, Herndon & Yaeger, 83 Edgington Lane, Wheeling, West Virginia 26003, for Eclipse Resources.

Atty. Brant T. Miller , Gordon & Rees LLP, 707 Grant Street, 38th Floor, Pittsburgh, Pennsylvania 15219, for Eclipse Resources.

BEFORE: Cheryl L. Waite, Gene Donofrio, David A. D'Apolito, Judges.


OPINION AND JUDGMENT ENTRY

{¶1} In this Dormant Mineral Act ("DMA") action, Appellants Harry A. Fonzi, III ("Harry III") and Linda Grimes (collectively referred to as Appellants) appeal an April 25, 2019 Monroe County Court of Common Pleas judgment entry granting summary judgment in favor of Appellees Allen...

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