[This opinion has been published in Ohio Official Reports at 80 Ohio St.3d 280.]

MCLAUGHLIN ET AL., APPELLANTS, V. LOWMAN, D.B.A. LOWMAN LUMBER, APPELLEE AND CROSS-APPELLANT. [Cite as McLaughlin v. Lowman, 1997-Ohio-118.] Torts—Unauthorized removal of timber from private property—Criminal conviction is not a prerequisite to the imposition of civil liability for treble damages under R.C. 901.51. (No. 97-1239—Submitted October 7, 1997—Decided November 19, 1997.) APPEAL and CROSS-APPEAL from the Court of Appeals for Pike County, No. 96 CA 572. __________________ Wilson Law Office and Charles H. Wilson, Jr., for appellants. Phillips & Street and David M. Phillips; and Randy D. Deering, for appellee and cross-appellant. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with Wooten v. Knisley (1997), 79 Ohio St.3d 282, 680 N.E.2d 1245. {¶ 3} The discretionary cross-appeal is denied. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________