Opinion
No. 88-192
Submitted May 3, 1988 —
Decided June 8, 1988.
Appellate procedure — Notice of final appealable order required — Moldovan-Atkinson rule applied.
APPEAL from the Court of Appeals for Cuyahoga County, No. 54786.
Gary B. Garson Co., L.P.A., and Gary B. Garson, for appellees.
Arter Hadden, Raymond J. Marvar, Irene C. Keyse-Walker and Edward S. Jerse, for appellant.
The motion to certify the record is allowed. The judgment of the court of appeals dismissing appellant's appeal as untimely filed is reversed, and the cause is remanded to the court of appeals for consideration of the merits of the appeal, on authority of Atkinson v. Grumman Ohio Corp. (1988), 37 Ohio St.3d 80, 523 N.E.2d 851.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.