FIRST MERCHANTS BANK, Plaintiff-Appellee,
v.
JERRY A. GOWER, et al., Defendant-Appellant.
Court of Appeals of Ohio, Second District, Darke County.https://leagle.com/images/logo.png
Rendered on March 2, 2012.
Rendered on March 2, 2012.
Attorney(s) appearing for the Case
JAMES DETLING, Atty. Reg. #0042728, Hanes, Schipfer, Cooper, Graber, Gullozet & Detline, Ltd., 597 South Broadway, Greenville, Ohio 45331 and RICHARD G. MURRAY, II, Atty. Reg. #0072955, MICHAEL N. SCHAEFFER, Atty. Reg. # 0072955, and SCOTT N. SCHAEFFER, Atty. Reg. #0020480, Kemp, Schaeffer & Rowe, Co., L.P.A., 88 West Mound Street, Columbus, Ohio 43215, Attorneys for Plaintiff-Appellee, First Merchants Bank.
MICHAEL SCHULER, Atty. Reg. #0082390, Office of the Ohio Attorney General, 30 East Broad Street, 16th Floor, Columbus, Ohio 43215, Attorney for Defendant-Appellant, Ohio Attorney General.
R. KELLY ORMSBY, Atty. Reg. #0020615, 504 South Broadway, Greenville, Ohio 45331, Attorney for Defendant-Appellee, Darke County Treasurer.
CHARLES NOE, Atty. Reg. #0001757, 810 Sycamore Street, 4th Floor, Cincinnati, Ohio 45202, Attorney for Defendant-Appellee, PHI Financial/H&R Accounts ROGER LURING, Atty. Reg. #0010834, 314 West Main Street, Troy, Ohio 45373, Attorney for Defendant-Appellee, Jerry A. Gower.
THE ANSONIA LUMBER COMPANY, 300 South Main Street, Ansonia, Ohio 45303 Defendant-Appellee, pro se.
Court of Appeals of Ohio, Second District, Darke County.
OPINION
FAIN, J.
{¶ 1} In this unusual appeal, a trial court in a foreclosure action in which an order of sale had been entered and a sale was pending: (1) decided sua sponte to raise a constitutional issue concerning one part of the foreclosure sale statute — R.C. 2329.191(B) — that none of the parties had challenged; (2) directed the Ohio Attorney General to brief the issue of the constitutionality of the statute; (3) entered...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.