Opinion
No. 2005-1355.
October 12, 2005.
Lucas App. No. L-04-1241, 2005-Ohio-3207.
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 15 of the court of appeals' Decision and Judgment Entry filed June 24, 2005:
"Is a ruling which grants a Civ.R. 35(A) motion for a physical or mental examination, made in a special proceeding such as a divorce case or a workers' compensation case, a final appealable order under either R.C. 2505.02(B)(2) or R.C. 2505.02(B)(4)?"
The conflict cases are Montecalvo v. Montecalvo (1999), 126 Ohio App.3d 377, and Harness v. Harness (2001), 143 Ohio App.3d 669, 2001-Ohio-2433.
Sua sponte, cause consolidated with 2005-1473, Myers v. Toledo, Lucas App. No. L-04-1241, 2005-Ohio-3207.
RESNICK and PFEIFER, JJ., dissent.