255 FIFTH STREET HOLDINGS, LLC v. 255 FIFTH

No. C-210325.

186 N.E.3d 323 (2022)

2022-Ohio-851

255 FIFTH STREET HOLDINGS, LLC, Plaintiff-Appellee, v. 255 FIFTH LIMITED PARTNERSHIP, Tic Chemed Sislin, LLC, Tic Chemed Paulson, LLC, Tic Chemed Anderson, LLC, Tic Chemed Rosden, LLC, Tic Chemed Leung, LLC, Tic Chemed Myers, LLC, Tic Chemed Hueckel, LLC, Tic Chemed Ojong, LLC, Tic Chemed 350, LLC, f.k.a. Chemed Margulies, LLC, Tic Chemed Comet, LLC, f.k.a. Tic Chemed Mandel, LLC, Tic Chemed Mall, LLC, f.k.a. Tic Chemed Lieberman, LLC, Tic Chemed Berkovich, LLC, Tic Chemed Deserpa One, LLC, Tic Chemed Deserpa Two, LLC, Tic Chemed Wallman, LLC, Tic Chemed Rutner, LLC, Tic Chemed Grimm, LLC, Tic Chemed Poxon-Turner, LLC, Tic Chemed Western, LLC, f.k.a. Tic Chemed Folkman, LLC, Tic Chemed D Barbee, LLC, Tic Chemed Kohl, LLC, Tic Chemed Zaro, LLC, Tic Chemed Uhlman, LLC, Tic Chemed Flynn, LLC, Tic Chemed Brown, LLC, Tic Chemed J Barbee, LLC, Tic Chemed Nussbaum Flp, LLC, Tic Chemed Harris, LLC, Tic Chemed Bergen, LLC, Tic Chemed Wrntsmith, LLC, Tic Chemed Newcomer, LLC, Tic Chemed Stauffer, LLC, Tic Chemed Stulik, LLC, MRI Chemed, LLC, and Hamilton County Treasurer, Defendants-Appellants.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: March 18, 2022.


Attorney(s) appearing for the Case

Porter Wright Morris & Arthur LLP and James P. Botti , Columbus, Dickinson Wright PLLC and Christopher D. Cathey , for Plaintiff-Appellee.

Robbins, Kelly, Patterson & Tucker, LPA, Michael A. Galasso , Cincinnati, Cohen, Todd, Kite & Stanford, LLC, and Donald J. Rafferty , Cincinnati, for Defendants-Appellants.


OPINION.

{¶1} Defendants-appellants 255 East Fifth Limited Partnership, ("borrowers" or "leasehold owners"), as tenants in common, appeal the trial court's entry of a partial summary judgment in favor of plaintiff-appellee 255 East Fifth Street Holdings...

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