Mark-It Place Foods, Inc. v. New Plan Excel Realty Trust, Inc.

Peter B. Abele, Judge.

{¶ 1} This is an appeal from several Scioto County Common Pleas Court judgments that resolved various claims between Mark-It Place Foods, Inc., d.b.a. Festival Foods (“Festival”), plaintiff below and appellant herein, Fleming Companies, Inc. (“Fleming”), defendant below and appellant herein, and New Plan Excel Realty Trust, Inc. (“New Plan”), defendant below and cross-appellant herein. Festival assigned the following errors for our review:

FIRST ASSIGNMENT OF ERROR

“The trial court erred in failing to grant summary judgment in favor of Mark-It Place Foods, Inc., dba…