Smith v. Rudler

The judgment of the court of appeals is reversed and the cause is remanded to the trial court for consideration and application of Ault v. Jasko (1994), 70 Ohio St.3d 114, 637 N.E.2d 870.

Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Wright, J., dissents for the reasons stated in his dissenting opinion in Ault v. Jasko (1994), 70 Ohio St.3d 114, 637 N.E.2d 870.