STATE AUTO. v. TITANIUM METALS

No. 2005-0311.

108 Ohio St.3d 540 (2006)

2006-Ohio-1713

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. TITANIUM METALS CORPORATION ET AL.; OHIO BRIQUETTING, L.L.C., APPELLEE; OAKWOOD VILLAGE FIRE DEPARTMENT, APPELLANT.

Supreme Court of Ohio.

Decided April 19, 2006.


Attorney(s) appearing for the Case

Davis & Young, and Thomas J. Connick; Levy & Dubyak and Robert J. Dubyak, for appellee.

Mazanec, Raskin & Ryder Co., L.P.A., and John T. McLandrich, for appellant.

Himmelrick & Welch, L.L.C., and Porter R. Welch, urging reversal for amici curiae Ohio State Firefighters' Association and Ohio Fire Chiefs' Association.

Barry M. Byron, Stephen L. Byron, and John Gotherman, urging reversal for amicus curiae Ohio Municipal League.


LUNDBERG STRATTON, J.

{¶ 1} This matter is before the court upon our acceptance of a discretionary appeal. It comes to us as an appeal from the trial court's denial of a Civ.R. 12(B)(6) motion to dismiss that was affirmed by the court of appeals. Because the trial court's journal entry was not a final, appealable order, we vacate the judgment of the court of appeals and remand to the trial...

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