WAGONER v. GERBL

No. 2002-1661.

98 Ohio St.3d 290 (2003)

2003-Ohio-739

WAGONER, APPELLANT, v. GERBL, APPELLEE.

Supreme Court of Ohio.

Decided March 5, 2003.


Attorney(s) appearing for the Case

Mary Lou Kusel, for appellant.


{¶ 1} The discretionary appeal is allowed.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court on the authority of Kimble v. Kimble, 97 Ohio St.3d 424, 2002-Ohio-6667, 780 N.E.2d 273.

MOYER, C.J., RESNICK, PFEIFER, COOK, LUNDBERG STRATTON and O'CONNOR, JJ., concur.

F.E. SWEENEY, J., dissents and would affirm the judgment of the court...

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