COURT FINDS THAT AU IS ENTITLED TO PRIORITY OVER THE PENAL AMOUNT OF THE BOND REMAINING AU'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART COURT FINDS THAT THERE IS A GENUINE ISSUE OF MATERIAL FACT AS TO THE DAMAGE CLAIMS REMAINDER OF THE PENAL BOND ($41,147.33) SHALL REMAIN ON DEPOSIT WITH THE SUMMIT COUNTY CLERK OF COURTS PENDING FURTHER ORDER ALL OTHER MOTIONS ARE DENIED MMR
On July 20, 2011 a foreclosure case was filed
by
Michigan Precision Grading Llc,
represented by
Spoonster, Joseph,
against
American Contractors Indemnity Company,
Company Wrench Ltd,
Does No Address Listed, Unknown John et al.
represented by
Arnold, David,
Brewer, Lee,
Carpenter, James et al.
in the jurisdiction of Summit County.
Judge MARY MARGARET ROWLANDS presiding.
Preview
Li, HORRIGAN
AUIZNOV Uh AH & TI
1 COUNTY
r COURTS
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO.
MICHIGAN PRECISION GRADING, LLC : CASE NO. CV 2011-07-3930
JUDGE ROWLANDS
Plaintiff,
vs. : JOURNAL ENTRY
QUALITY ASBESTOS, ET AL.
Defendants.
The controversy in this case surrounds a public project and the priority of
payments to subcontractors, suppliers, and the public authority when the general
contractor fails to complete the job. Defendant University of Akron filed Motions for
Partial Summary Judgment on January 18, 2012 and August 27, 2012, claiming priority
in the remainder of the penal amount of the bond, and disputing certain claims of
Defendant Gibson Machinery and Plaintiff, Michigan Precision. Plaintiff Michigan
1Precision filed an opposition to Defendant University of Akron’s Motion for Partial
Summary Judgment, and filed for partial Summary Judgment claiming that all claimants
to the penal bonds should share pro rata in the funds. Plaintiff Michigan Precision and
D…
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