Rfc Capital Corp. v. Earthlink, Inc., Unpublished Decision (12-23-2004)

OPINION

{¶ 1} Defendant-appellant, EarthLink, Inc. ("EarthLink"), appeals from the Franklin County Court of Common Pleas' denial of its motion for directed verdict and grant of judgment in favor of plaintiff-appellee, RFC Capital Corporation ("RFC"). For the following reasons, we reverse the judgment in favor of RFC and remand.

{¶ 2} The genesis of this case lies in the Loan and Security Agreement RFC and non-party Internet Commerce Communications, Inc. ("ICC") executed on May 22, 2000.1 At the time ICC executed the Loan and Security Agreement, it was a publiclytraded corporation that provided…