Citations

Full opinion text

{¶ 1} The certification of conflict is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict.

Moyer, C.J., Douglas, Resnigk, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.

Cook, J., dissents.

Cook, J.,

dissenting.

{¶ 2} I respectfully dissent. Instead of dismissing this case as improvidently certified, I would affirm the judgment of the court of appeals.