I was keeping track of the number of Sheriff's Sales stopped, but I decided that this gave the wrong impression to viewers. An attorney should not be consulted as a matter of last resort. Instead an attorney should be consulted early in the process and the sooner an attorney is consulted the more likely a Homeowner will have a favorable result

The Law Office of Bruce M. Broyles

2670 North Columbus Street, Suite L, Lancaster, Ohio 43130

Phone: (740) 277-7850 / (330) 965-1093

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Sunday, September 25, 2011

U.S. Bank vs. Duvall Dismissed as Moot

On September 21, 2011, the Ohio Supreme Court dismissed the certified conflict as moot.  There is not a great deal of case law on the subject because, (1) a certified conflict does not occur that often, and (2) even less often does a case that is certified as a conflict become "moot".  In fact, my first reaction when I was asked about the memorandum regarding mootness, was that it did not matter.  Even if the case was resolved, there still remained an appellate decision that conflicted with other appellate decisions.  With the issue being brought to the Ohio Supreme Court's attention, I sort of assumed that the Court would still want to resolve the issue.

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