Recovery Management Systems v. Bethea, 2008 Ca 0057 (2-9-2009)

{¶ 37} I concur in the majority's disposition of this appeal.

{¶ 38} I agree with the majority's analysis of R.C. 1319.12 and this Court's decision in Recovery Management Systems, Ltd. V. Coburn,2008-Ohio-5713. However, I disagree with applying them to the case, sub judice.

{¶ 39} Appellants did not assign as error non-compliance with R.C. 1319.12 in their brief to this Court. Failure to do so constitutes waiver of that argument.

{¶ 40} Accordingly, I concur in judgment only.

JUDGMENT ENTRY For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Mansfield Municipal Court is reversed and remanded for further proceedings consistent with this decision and judgment entry. Costs assessed to Appellee. *Page 1