Swint v. Auld (122 Ohio St. 3d 349, 2009)

{¶ 1} The certified question is answered in the negative.

{¶ 2} The judgment of the court of appeals is reversed on the authority of Sullivan v. Anderson Twp., 122 Ohio St.3d 83, 2009-Ohio-1971, 909 N.E.2d 88, and the cause is remanded for consideration of appellant’s assignments of error.

Moyer, C.J., and Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Pfeifer and Lanzinger, JJ., dissent.