[This opinion has been published in Ohio Official Reports at 81 Ohio St.3d 1233.]

HOPPES BUILDERS AND DEVELOPMENT COMPANY v. HURREN BUILDERS, INC. ET AL.; ERB LUMBER COMPANY, APPELLANT; COLE ACTON HARMON DUNN, L.P.A., APPELLEE. [Cite as Hoppes Bldrs. & Dev. Co. v. Hurren Bldrs., Inc., 1998-Ohio-641.]

Appeal dismissed as improvidently allowed. (No. 96-2702—Submitted January 13, 1998—Decided March 4, 1998.)

APPEAL from the Court of Appeals for Clark County, No. 96-CA-23. __________________ Klein & Zegarski, Daniel S. Zegarski and Stephen E. Klein, for appellant.

Cole Acton Harmon Dunn, L.P.A., and Joseph A. Dunn, for appellee.

Thompson, Hine & Flory, L.L.P., J. Raymond Prohaska and Anne E.

Hadden, urging affirmance for amicus curiae, Ohio Land Title Association. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

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