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Ohio Supreme Court, 2000

Spence v. National Mutual Insurance

Spence v. National Mutual Insurance
Ohio Supreme Court · Decided May 10, 2000 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
88 Ohio St. 3d 403
Spence v. National Mutual Insurance

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Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent for the reasons set forth in the dissenting opinions in Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 252-255, 725 N.E.2d 261, 267-269, and Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 33-36, 723 N.E.2d 97, 103-105.

Cook, J., concurs in the foregoing dissenting opinion.

Opinion of the Court

The judgment of the court of appeals is vacated, and the cause is remanded to the trial court for further proceedings and consideration, where applicable, of the Supreme Court’s decisions in Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 725 N.E.2d 261, and Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 723 N.E.2d 97.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Cook and Lundberg Stratton, JJ., dissent.

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