Harvard Mortgage Corporation v. Phillips, 2007-G-2783 (3-14-2008)

{¶ 47} I respectfully dissent. As the majority states, "[t]he central element to our inquiry is whether appellees established that appellants, as individuals were the `sender' under the TCPA."

{¶ 48} In the April 3, 2007 judgment entry, the trial court stated "that Plaintiff prevails [sic] in this case on the basis of their motion for summary judgment and the evidence." In this case, the "evidence" consists of the facsimiles in question and the affidavit of Janet Beaumont, paralegal for appellees' attorney. In her affidavit, Beaumont maintains that, based on her research, (1) "Financial Link…