Opinion
2006-1589.
November 1, 2006.
Greene App. No. 2005 CA 99, 2006-Ohio-3369.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 5 of the court of appeals' Decision and Entry filed August 14, 2006:
"Is the denial of a governmental entity's motion for summary judgment on the issue of sovereign immunity due to the existence of genuine issues of material fact a final appealable order, pursuant to R.C. 2744.02(C)?"
PFEIFER, J., dissents.
The conflict case is Lutz v. Hocking Technical College (May 18, 1999), Athens App. No. 98CA12. Sua sponte, cause consolidated with 2006-1528, Hubbell v. Xenia, Greene App. No. 2005 CA 99, 2006-Ohio-3369.