Opinion
No. 2002-0050.
Submitted February 12, 2003.
Decided March 26, 2003.
Appeal from the Court of Appeals for Franklin County, Nos. 00AP-1088, 00AP-1284, 01AP-36, 01AP-94, 01AP-95 and 01AP-227, 2001-Ohio-3987.
Kegler, Brown, Hill Ritter, L.P.A., Anthony J. Celebrezze and Robert G. Cohen, for appellant.
Baker Hostetler L.L.P., Barry H. Wolinetz and David C. Levine, for appellee.
{¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Resnick, F.E. Sweeney, Batchelder and O'Connor, JJ., concur.
Pfeifer and Lundberg Stratton, JJ., dissent.
{¶ 2} I believe that this appeal should not be dismissed as having been improvidently allowed.
{¶ 3} The issue presented for our consideration was who has the burden of proving whether an increase in value of separate property during marriage is marital or separate property. I believe that this is an important issue upon which Ohio courts disagree. Therefore, I would not dismiss this appeal as having been improvidently allowed but would resolve the issue presented for review. Accordingly, I respectfully dissent.
Pfeifer, J., concurs in the foregoing dissenting opinion.
William G. Batchelder, J., the Ninth Appellate District, sitting for Cook, J.