REISTER v. GARDNER

No. CA2021-10-127.

202 N.E.3d 145 (2022)

2022-Ohio-4272

John J. REISTER, Receiver, on Behalf of Certified Steel Stud Association, Inc., Appellee, v. William A. GARDNER, et al., Appellees, v. Clarkwestern Dietrich Building Systems LLC, Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

November 30, 2022.


Attorney(s) appearing for the Case

Taft Stettinius & Hollister LLP, and Daniel R. Warncke and Brian A. Morris , Cincinnati; Fox Rothschild LLP, and Jeffrey M. Pollock and Robert J. Rohrberger , for appellee, William A. Gardner.

Millikin & Fitton Law Firm, and Steven A. Tooman , Mason; Helmer, Martins, Tate & Garrett Co., LPA, and James B. Helmer, Jr. , Cincinnati, B. Nathaniel Garrett , and James A. Tate , Cincinnati, for appellee, John J. Reister, Receiver, on behalf of Certified Steel Stud Association, Inc.

Dinsmore & Shohl LLP, and Peter J. Georgiton and Justin M. Burns , Columbus; Chamberlain Hrdlicka White Williams & Aughtry, and Scott M. Ratchick and John C. Guin , for appellee, Edward R. Slish.

Frost Bown Todd LLC, and Matthew C. Blickensderfer , Cincinnati; Dentons Cohen & Grigsby, P.C., and Anthony Cillo and Fridrikh V. Shrayber , for appellant, Clarkwestern Dietrich Building Systems LLC.


OPINION

{¶1} Clarkwestern Dietrich Building Systems LLC ("ClarkDietrich") appeals from the decision of the Butler County Court of Common Pleas, which dismissed ClarkDietrich as an interested party in a declaratory judgment action. For the reasons discussed below, we reverse the common pleas court's decision...

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