Myers v. Fifth Third Bank

Fain, Judge.

Defendant-appellant Fifth Third Bank (“Fifth Third”) appeals from a judgment of the Dayton Municipal Court. Plaintiff-appellee Jacob A. Myers filed an action against Fifth Third in forcible entry and detainer and for money damages. The trial court found that Fifth Third was liable to Myers for rent during the time it occupied premises leased to its debtor for the purpose of inventorying and disposing of collateral securing its debtor’s obligation. Fifth Third contends that the trial court erred as a matter of law in finding liability for the rent and in using the lease as a…