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Phillips v. Fischer3/28/2002
not have been germane to Millenium's defense and its exclusion did not materially prejudice it.
Judgment affirmed.
It is ordered that the appellee recover from appellant costs herein taxed.
This court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga County Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JUDGE ANNE L. KILBANE
COLLEEN CONWAY COONEY, J., CONCURS; JAMES D. SWEENEY, P.J., CONCURS IN JUDGMENT ONLY WITH SEPARATE OPINION.
CONCURRING OPINION
SWEENEY, JAMES D., P.J., CONCURRING:
I concur in judgment only and cite to concurring opinions in State v. Thomas, (May 13, 1999), Cuyahoga App. Nos. 72536 and 72537, unreported, and Garnett v. Garnett (Sept. 16, 1999), Cuyahoga App. No. 75225, unreported, at 3-4, and Loc.App.R. 22(C) of this Court which states that:
Opinions of the Court will not identify or make reference by proper name to the trial judge, magistrate * unless such reference is essential to clarify or explain the role of such person in the course of said proceedings. (Eff. July 25, 2000).
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