Opinion
No. 94-1424
Submitted October 10, 1995 —
Decided November 22, 1995.
APPEAL from the Court of Appeals for Summit County, No. 16507.
McCarthy, Palmer, Volkema, Boyd Thomas and Daniel R. Volkema, for appellant.
Davis Young co., L.P.A., Gregory H. Collins and Martin J. Murphy, for appellee.
The appeal is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and BOWMAN, JJ., concur.
PFEIFER, J., dissents and would affirm the judgment of the court of appeals.
DONNA BOWMAN, J., of the Tenth Appellate District, sitting for COOK, J.