Wiltberger v. Davis

Tyack, Judge.

This cause, which is before the court a second time, originally arose from a dispute between insurance agents regarding commissions allegedly due James B. Wiltberger from defendants William J.F. Davis, Affiliated Risk Managers Agency, Inc. (“ARMA”), and Lauterbach & Eilber, Inc. (“L & E”). To understand the issues presented in the present appeal, a summary of the complex background of this litigation is necessary. In Wiltberger v. Davis (June 30,1994), Franklin App. No. 93AP-1031, unreported, 1994 WL 321081 (“Wiltberger I ”), we outlined the following procedural history.

In…