[This opinion has been published in Ohio Official Reports at 90 Ohio St.3d 1214.]

IN RE ADOPTION OF JIMENEZ. [Cite as In re Adoption of Jimenez, 2000-Ohio-42.]

Appeal dismissed as improvidently allowed. (No. 99-1993—Submitted September 12, 2000—Decided September 20, 2000.)

APPEAL from the Court of Appeals for Montgomery County, No. 17484. __________________ Dan D. Weiner, for appellee Heather Jimenez.

Lane, Alton & Horst, Charles K. Milless and Corinne N. Ryan; Susan Garner Eisenman; Holzfaster, Cecil, McKnight & Mues and Robert L. Mues, for appellants William and Yvonne Arnold. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, RESNICK and PFEIFER, JJ., dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would affirm the judgment of the court of appeals.

DOUGLAS and PFEIFER, JJ., concur in the foregoing dissenting opinion. __________________