[This opinion has been published in Ohio Official Reports at 72 Ohio St.3d 1218.]

SAYRE, APPELLEE, v. HOELZLE-SAYRE, APPELLANT. [Cite as Sayre v. Hoelzle-Sayre, 1995-Ohio-274.]

Appeal dismissed as improvidently allowed. (No. 94-1094—Submitted June 6, 1995—Decided July 19, 1995.)

APPEAL from the Court of Appeals for Seneca County, No. 13-93-32. __________________ B. Mark Davis, for appellee.

Britz & Zemmelman and Harland M. Britz, for appellant. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, WRIGHT, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

RESNICK, J., dissents, and would reverse the judgment of the court of appeals and remand for a new hearing. __________________