The appeal and cross-appeal are dismissed, sua sponte, as having been improvidently allowed.
Douglas, Resnick, F.E. Sweeney and Stratton, JJ., concur. Moyer, C.J., Pfeifer and Cook, JJ., dissent and would affirm the judgment of the court of appeals.The appeal and cross-appeal are dismissed, sua sponte, as having been improvidently allowed.
Douglas, Resnick, F.E. Sweeney and Stratton, JJ., concur. Moyer, C.J., Pfeifer and Cook, JJ., dissent and would affirm the judgment of the court of appeals.