Opinion
No. 2006-1608.
October 18, 2006.
Lake App. No. 2005-L-105, 2006-Ohio-3208.
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 3 of the court of appeals' Judgment Entry filed August 9, 2006:
"Whether the trial court can recast [a]ppellant's Motion For Relief From Judgment as a petition for postconviction relief when it has been unambiguously presented as a Civil Rule 60(B) [motion]."
RESNICK, PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is State v. Lehrfeld, Hamilton App. No. C-030390, 2004-Ohio-2277.