[This opinion has been published in Ohio Official Reports at 81 Ohio St.3d 1222.]

COONS, APPELLANT, v. BROWNLEE, D.B.A. RESTORATION SPECIALTIES COMPANY, APPELLEE. [Cite as Coons v. Brownlee, 1998-Ohio-652.]

Appeal dismissed as improvidently allowed. (No. 96-2803—Submitted December 9, 1997—Decided February 11, 1998.)

APPEAL from the Court of Appeals for Logan County, No. 8-95-21. __________________ Rankin M. Gibson, for appellant.

Heaton & Kellogg-Martin and Mark A. Losey, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., RESNICK, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, J., dissents.

F.E. SWEENEY, J., dissents and would reverse the judgment of the court of appeals and reinstate the judgment of the trial court. __________________