[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 1261.]

MILLER ET AL., APPELLEES, v. MIDWESTERN INDEMNITY COMPANY, APPELLANT. [Cite as Miller v. Midwestern Indemn. Co., 1997-Ohio-294.]

Appellate procedure—Supreme Court jurisdiction—Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper. (No. 96-803—Submitted December 11, 1996—Decided January 29, 1997.)

CERTIFIED by the Court of Appeals for Montgomery County, No. 15360. __________________ Weston, Hurd, Fallon, Paisley & Howley and William H. Baughman, Jr., for appellant. __________________ {¶ 1} Sua sponte, cause dismissed as having been improvidently certified as a conflict case. Whitelock v. Gilbane Bldg. Co. (1993), 66 Ohio St.3d 594, 613 N.E.2d 1032. There is no conflict between the appellate districts because the controlling law is stated in Harasyn v. Normandy Metals, Inc. (1990), 49 Ohio St.3d 173, 551 N.E.2d 962.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________