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FIFTH THIRD BANK v. WOESTE BROS. PROPERTIES, LTD.

No. CA2010-06-145.

2010 Ohio 5807

Fifth Third Bank, Plaintiff-Appellee, v. Woeste Brothers Properties, Ltd, et al., Defendants-Appellants.

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

November 29, 2010.

Attorney(s) appearing for the Case

Alan J. Statman, 3700 Carew Tower, 441 Vine Street, Cincinnati, Ohio 45202, for plaintiff-appellee, Fifth Third Bank

Becker & Cade, Howard D. Cade III, 526-A Wards Corner Road, Loveland, Ohio 45140, for defendant-appellant, Lynn Weishaupt

Woeste Brothers Properties, P.O. Box 53895, Cincinnati, Ohio 45253, defendant.

Daniel H. Woeste IV, 334 Palm Springs Drive, Fairfield, Ohio 45014, defendant.

OPINION

HENDRICKSON, J.

{¶1} Defendant-appellant, Lynn Weishaupt, appeals a decision of the Butler County Court of Common Pleas denying her motion for relief from a cognovit judgment entered in favor of plaintiff-appellee, Fifth Third Bank. For the reasons outlined below, we reverse the decision of the trial court and remand.

{¶2} This matter arises out of a commercial collection proceeding involving the default...

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