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