concurring in part and dissenting in part. I would grant the motion for reconsideration and allow the discretionary appeal. I would then set a briefing schedule and assign the case for oral argument. I would not, at this. juncture, remand the cause to the trial court.

The motion for reconsideration is granted.

*95The discretionary appeal is allowed.

The judgment of the court of appeals is vacated, and the cause is remanded to the trial court for further proceedings consistent with Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 725 N.E.2d 261.