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 order briefing of the merits.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 order briefing of the merits.