The appeal is dismissed, sua sponte, as having been improvidently allowed.
Sweeney, Douglas, H. Brown and Resnick, JJ., concur. Moyer, C.J., Holmes and Wright, JJ., dissent and would affirm the court of appeals with an opinion.The appeal is dismissed, sua sponte, as having been improvidently allowed.
Sweeney, Douglas, H. Brown and Resnick, JJ., concur. Moyer, C.J., Holmes and Wright, JJ., dissent and would affirm the court of appeals with an opinion.