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FIFTH THIRD BANK v. FIN. S. OFFICE PARTNERS, LTD.

Appellate No. 23762.

2010 Ohio 5638

Fifth Third Bank, Plaintiff-Appellee, v. Financial South Office Partners, Ltd., et al., Defendant-Appellants.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on November 19, 2010.

Attorney(s) appearing for the Case

ROBERT D. ROSS, Atty. Reg. #0062853, and PATRICIA L. HILL, Atty. Reg. #0072595, 1 South Main Street, Suite 900, Dayton, Ohio 45402 Attorney for Plaintiff-Appellee, Fifth Third Bank

PAUL SHANEYFELT, Atty. Reg. #0065629, 210 West Main Street, Troy, Ohio 45373 Attorney for Plaintiff-Appellee, Mark Fornes Realty, Inc.

DEAN E. HINES, Atty. Reg. #0062990, 7950 Clyo Road, Centerville, Ohio 45459 Attorney for Defendant-Appellant, Financial South Office Partners, Ltd.

OPINION

BROGAN, J.

Financial South Office Partners, Ltd. appeals from the trial court's judgment entry granting a receiver's motion to sell foreclosed real estate and extinguish liens.

Financial South advances two assignments of error on appeal. First, it contends the trial court erred by not considering its offer to purchase the real estate and by not allowing a co-defendant to submit its offer in open court. Second, it claims the ultimate sale...

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