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DILLER v. DILLER

No. 2022-0058.

215 N.E.3d 541 (2023)

171 Ohio St.3d 99

2023-Ohio-1508

DILLER, Appellee, v. DILLER, Coexr. of the Estate of Theodore C. Penno, Appellee; Pennucci, Individually and as Coexr. of the Estate of Theodore C. Penno, et al., Appellants.

Supreme Court of Ohio.

Decided April 2, 2023.

Attorney(s) appearing for the Case

Howell, Gast-Schlater & Co., L.P.A., and Paul E. Howell , Coldwater, for appellee Mary Ann Diller.

Faber & Associates, L.L.C., John R. Willamowski Jr. , Lima, Allen County, and Travis J. Faber , for appellee Phyllis Diller, coexecutor of the estate of Theodore C. Penno.

Cory, Meredith, Witter & Smith, L.P.A., Ashley R. Doty , J. Alan Smith , Lima, and Dalton J. Smith , for appellants, Linda Pennucci, individually and as coexecutor of the estate of Theodore C. Penno, and David Penno.

Koesters Law Office and Judy A. Koesters , Coldwater, cocounsel for appellants Linda Pennucci, individually, and David Penno.

Knapke Law and Jeffrey P. Knapke , Celina, cocounsel for appellant Linda Pennucci, as coexecutor of the estate of Theodore C. Penno.

{¶ 1} This cause is dismissed as having been improvidently accepted.

Fischer, DeWine, Donnelly, Brunner, and Deters, JJ., concur.

Kennedy, C.J., dissents and would affirm the court of appeals' judgment.

Stewart, J., dissents, with an opinion.

{¶ 2} I disagree...

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