Legal Opinion

Fifth Third Bank v. Schoessler's Supply Room, L.L.C.

Ohio Court of Appeals

Decided August 30, 2010No. CA2009-11-153PublishedCited by 3 opinions

1Opinion of the Court

Powell, Judge.

{¶ 1} Defendant-appellant, Schoessler’s Supply Room, L.L.C. (“SSR”), appeals the Warren County Court of Common Pleas decision denying SSR relief from both a cognovit judgment and a default judgment in favor of plaintiff-appellee, Fifth Third Bank.

{¶ 2} On January 13, 2006, SSR executed two Small Business Administration notes and a security agreement in favor of Fifth Third. The first note (Note 42) represented a $125,000 revolving line of credit. Note 42 was due and payable on January 13, 2007, although it contained a discretional annual renewal provision. The second note (Note…

2Cases cited19 opinions

  1. GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court · 1976
  2. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  3. Rose Chevrolet, Inc. v. AdamsOhio Supreme Court · 1988
  4. Boone v. LightnerSupreme Court of the United States · 1943
  5. Colley v. BazellOhio Supreme Court · 1980

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3Cited by3 opinions

  1. BAC Home Loans Servicing, LP. v. MullinsOhio Court of Appeals · 2014
  2. Whittle v. DavisOhio Court of Appeals · 2014
  3. Jones v. Smith TransportOhio Court of Appeals · 2012

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