Srmof 2009-1 Trustv.Lewis

Supreme Court of OhioJul 23, 2014
12 N.E.3d 1228 (Ohio 2014)
12 N.E.3d 1228139 Ohio St. 3d 1481

NO. 2014-0485

07-23-2014

SRMOF 2009-1 Trust v. Lewis


Opinion

Butler App. Nos. CA2012–11–239 and CA2013–05–068, 2014-Ohio-71. This cause is pending before the court on the certification of a conflict by the Court of Appeals for Butler County. On May 14, 2014, this court determined that a conflict existed on both issues identified by the court of appeals and held Issue 2 for CitiMortgage, Inc., v. Roznowski . It is ordered by the court that judgment of the court of appeals is affirmed on the authority of CitiMortgage, Inc. v. Roznowski , 139 Ohio St.3d 299, 2014-Ohio-1984, 11 N.E.3d 1140. Briefing shall continue on Issue 1.

O'Connor , C.J., and Pfeifer , O'Donnell , Lanzinger , Kennedy , and French , JJ., concur.

O'Neill , J., dissents from the disposition of Issue 2 for the reasons stated in his dissenting opinion in CitiMortgage, Inc. v. Roznowski , 139 Ohio St.3d 299, 2014-Ohio-1984, 11 N.E.3d 1140.