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Bank of America, N.A. v. Moore

Court of Appeals of Ohio, Fifth District

August 1, 2013

BANK OF AMERICA, N.A. Plaintiff-Appellee
v.
RANDY MOORE, ET AL. Defendants-Appellants

Appeal from the Court of Common Pleas, Case No. 12FR06-0319

For Plaintiff-Appellee BRADLEY P. TOMAN.

For Defendants-Appellants BRIAN K. DUNCAN.

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.

OPINION

Farmer, J.

{¶1} On June 20, 2012, appellee, Bank of America, N.A., filed a complaint in foreclosure against appellants, Randy and Cheryl Moore, for failure to pay on a note.

{¶2} On September 19, 2012, appellee filed a motion for summary judgment. By judgment entry filed December 19, 2012, the trial court granted the motion and entered a judgment of foreclosure.

{¶3} Appellants filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶4} "THE TRIAL COURT ABUSED ITS DISCRETION BY GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BECAUSE THERE WERE ISSUES OF FACT AND PLAINTIFF WAS NOT ENTITLED TO JUDGMENT AS A MATTER OF LAW."

II

{¶5} "THE TRIAL COURT ERRED IN GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BECAUSE DEFENDANTS WERE NEITHER AFFORDED A FULL AND FAIR OPPORTUNITY TO CONDUCT DISCOVERY ON ALL FACTUAL MATTERS IN DISPUTE NOR VERIFY THE MERIT OF PLAINTIFF'S COMPLAINT."

I

{ΒΆ6} Appellants claim the trial court erred in granting summary judgment to appellee as appellee was not the "holder in due course" of the ...


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