Legal Opinion

Breeding v. Herberger

Ohio Court of Appeals

Decided June 18, 1992No. 91AP-938PublishedCited by 10 opinions

1Opinion of the Court

Whiteside, Judge.

Defendants, Dr. R.J. Herberger, Dorcon Industries and Jon R. Burney, Trustee, appeal from a judgment of the Franklin County Court of Common Pleas, and raise a single assignment of error, as follows:

“Where defendant-appellant timely made appearance and filed leave to plead in trial court, it is prejudicial error for trial court to terminate action.”

Plaintiffs, H. Ronald Breeding and Maria Breeding, brought this action on May 3, 1991, seeking a declaratory judgment as to validity of certain promissory notes. Defendants were served by certified mail on May 13, 1991. On June 10,…

2Cases cited6 opinions

  1. Reese v. ProppeOhio Court of Appeals · 1981
  2. AMCA International Corp. v. CarltonOhio Supreme Court · 1984
  3. Gagliardi v. FlowersOhio Court of Appeals · 1984
  4. Hardware & Supply Co. v. Edward Davidson, M.D., Inc.Ohio Court of Appeals · 1985
  5. Standard Oil Co. v. NobleOhio Court of Appeals · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Chrysler Fin. Servs. v. HendersonOhio Court of Appeals · 2011
  2. Plant Equipment, Inc. v. Nationwide Control Service, Inc.Ohio Court of Appeals · 2003
  3. Reo v. Univ. Hosp. Health Sys.Ohio Court of Appeals · 2019
  4. Dietrich v. DobosOhio Court of Appeals · 2014
  5. Picket v. Katz & Co. SalonOhio Court of Appeals · 2011

5 more not listed; retrieve them via the Exa API.

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