Hamilton v. Ohio Savings Bank
Ohio Supreme Court
1Opinion of the CourtAlice Robie Resnick, J.
The single issue presented by appellant’s appeal and Ohio Savings’ cross-appeal is whether, and to what extent, the trial court properly refused to certify this case as a class action pursuant to Civ.R. 23.
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STANDARD OF REVIEW
In Marks v. C.P. Chem. Co., Inc. (1987), 31 Ohio St.3d 200, 31 OBR 398, 509 N.E.2d 1249, at the syllabus, the court held that “[a] trial judge has broad discretion in determining whether a class action may be maintained and that determination will not be disturbed absent a showing of an abuse of discretion.”
Appellants suggest that because there was no live testimony…
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