The appeal is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Wright, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Douglas, J., dissents. Resnick, J., dissents and would reverse the judgment of the court of appeals.The appeal is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Wright, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Douglas, J., dissents. Resnick, J., dissents and would reverse the judgment of the court of appeals.