*310The judgment of the court of appeals in case No. 85A07-050 is hereby reversed on authority of Mominee v. Scherbarth (1986), 28 Ohio St. 3d 270, and the cause is remanded to the trial court.
Celebrezze, C.J., Sweeney, Locher, C. Brown and Douglas, JJ., concur. Holmes and Wright, JJ., dissent.