David W. Demming, Jr., et al., Plaintiffs-Appellants,
v.
Alice Smith, Individually, and As Trustee of the Lillian Demming Trust, et al., Defendants-Appellees.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED AND JOURNALIZED: September 2, 2010.
RELEASED AND JOURNALIZED: September 2, 2010.
Attorney(s) appearing for the Case
Robert B. Graziano, Michael A. Poe, Michael R. Traven, Roetzel & Andress, L.P.A., 155 East Broad Street, 12th Floor, Columbus, Ohio 43215, Alice Smith, 15665 Fiddlesticks Blvd., Ft. Myers, FL 33912, for Alice Smith, Attorneys for Appellants, David W. Demming, Jr., et al.
Robert N. Rapp, Calfee, Halter & Griswold, L.L.P., 1400 Keybank Center, 800 Superior Avenue, Cleveland, Ohio 44114-2688, Attorney for John Lesjak.
Gerald L. Baker, 3711 Whipple Avenue, N.W., Canton, Ohio 44718, Attorney for Donald J. Sauerbier.
Before: Sweeney, J., Gallagher, A.J., and Rocco, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
JAMES J. SWEENEY, J.
{¶ 1} Plaintiffs-appellants, David W. Demming, Jr. and Laura Demming ("plaintiffs"), appeal the Probate Court's decision awarding them money damages after finding that defendant-appellee, Alice Smith ("defendant"), breached her fiduciary duty as trustee of the Lillian Demming Trust ("the trust"). After reviewing the facts of the case and pertinent law, we affirm in part and reverse and remand...
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