Aree III Corp. v. Berger

I respectfully dissent from the majority for the reasoning which follows.

The instant matter is an appeal by Aree III Corp. et al., plaintiffs (appellants), from a judgment entry dated February 28, 1977, by the Cuyahoga County Court of Common Pleas, ruling against plaintiffs on their motion for partial declaratory judgment. Although the trial court’s judgment entry is somewhat confusing, from the state of the record a logical interpretation of that entry is that the court, in addition to ruling on the declaratory judgment, also granted a judgment for defendants (appellees) on plaintiffs’…