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KUHAR v. MARC GLASSMAN, INC.

No. 91989.

2009 Ohio 2379

Ivan Kuhar, Plaintiff-Appellant, v. Marc Glassman, Inc., et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: May 21, 2009.

Attorney(s) appearing for the Case

David M. Lynch, 29311 Euclid Avenue, Suite 200, Wickliffe, Ohio 44092, Attorney for Appellant.

Gregory G. Guice, Reminger & Reminger Co., L.P.A., 101 Prospect Avenue West, 1400 Midland Building, Cleveland, Ohio 44115-1093, Attorneys for Appellees.

Before: Gallagher, P.J., Stewart, J., and Boyle, J.

JOURNAL ENTRY AND OPINION

SEAN C. GALLAGHER, P.J.

{¶1} Appellant, Ivan Kuhar, appeals the trial court's dismissal of his action against Marc Glassman, Inc. ("Marc's"), with prejudice pursuant to Civil Rule 12(B)(6). Kuhar asserts the dismissal should have been without prejudice, allowing him the opportunity to refile the action. For the reasons outlined below, we affirm the trial court's dismissal of the action with prejudice.

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