Legal Opinion

Preston v. First Bank of Marietta

Ohio Court of Appeals

Decided October 25, 1983No. 82 x 8 and 82 x 9PublishedCited by 15 opinions

1Opinion of the CourtGrey, J.

This is an appeal from the Washington County Court of Common Pleas. Plaintiffs-appellees, Gary D. Preston and Robert D. Smith, filed suit against defendant-appellant, First Bank of Marietta, challenging the bank’s ability to escalate the interest rate of their home mortgages. Plaintiffs claimed the bank did not make a sufficient disclosure of the variable interest rate in its mortgages to comply with Regulation Z of the Truth-In-Lending-Act, Section 1601 et seq., Title 15, U.S. Code (hereafter “TILA”). Plaintiffs further claimed the bank’s failure to comply with the TILA prevents it from…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Ronnie E. Brown and Edith M. Brown v. Marquette Savings and Loan AssociationCourt of Appeals for the Seventh Circuit · 1982
  2. Richard L. Smith and Deborah L. Smith v. No. 2 Galesburg Crown Finance CorporationCourt of Appeals for the Seventh Circuit · 1980
  3. Edwin Grant and Lauretta Grant Johnson v. Imperial Motors, Nathaniel Johnson v. Imperial Motors, Johnnie Mae Gordon v. Backus Cadillac-Pontiac, Inc.Court of Appeals for the Fifth Circuit · 1976
  4. Richard Gennuso v. Commercial Bank & Trust CompanyCourt of Appeals for the Third Circuit · 1977
  5. Century 21 American Landmark, Inc. v. McIntyreOhio Court of Appeals · 1980

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3Cited by15 opinions

  1. Alligood v. Procter & Gamble Co.Ohio Court of Appeals · 1991
  2. Hubbard v. Fidelity Federal BankDistrict Court, C.D. California · 1993
  3. Ohio Ass'n of Public School Employees v. Madison Local School District Board of EducationOhio Court of Appeals · 2010
  4. Quitifan v. ShafiqOhio Court of Appeals · 2016
  5. Ameritech Publishing , Inc. v. Snyder Tire Wintersville, Inc.Ohio Court of Appeals · 2010

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