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FIRST UNION-LEHMAN BROS.-BANK OF AM. COMMERCIAL MTGE. TRUST v. PILLAR REAL ESTATE ADVISORS, INC.

Appellate Case No. 25864.

2014-Ohio-1105.

FIRST UNION-LEHMAN BROTHERS-BANK OF AMERICA COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH, CERTIFICATES, SERIES 1998-C2, Plaintiff-Appellant, v. PILLAR REAL ESTATE ADVISORS, INC., et al. Defendants-Appellees.

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

March 21, 2014.

Attorney(s) appearing for the Case

MICHAEL P. SHUSTER , Atty. Reg. #0067304, and TAMI HART KIRBY , Atty. Reg. #0067304, Porter Wright Morris & Arthur LLP, One South Main Street, Suite 1600, Dayton, Ohio 45402-2028 Attorneys for Plaintiffs-Appellant

BRANDON C. HEDRICK , Atty. Reg. #0081458, Hedrick & Jordan Co., L.P.A., 100 East Third Street, Suite 500, Dayton, Ohio 45402 Attorney for Defendants-Appellees, Health, LLC and Pillar Real Estate Advisors, Inc.

SYLVIUS H. Von SAUCKEN , Atty. Reg. #0002266, 6323 Oxwynn Lane, Charlotte, North Carolina 28270 and DEAN HINES , Atty. Reg. #0062990, 7950 Clyo Road, Centerville, Ohio 45459 Attorneys for Defendant-Appellee, K. Dean Wertz

OPINION

FAIN, J.

{¶ 1} Plaintiff-appellant First Union-Lehman Brothers-Bank of America Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 1998-C2 ("First Union") appeals from an order of the Montgomery County Common Pleas Court denying its motion to substitute the estate of Dean Wertz as a party-defendant and dismissing Wertz from the action. First Union also appeals from a summary judgment rendered against...

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