[This decision has been published in Ohio Official Reports at 97 Ohio St.3d 1218.]

STONE, APPELLANT, v. MEDAGLIA-DELL, APPELLEE, ET AL. [Cite as Stone v. Medaglia-Dell, 2002-Ohio-6296.]

Appeal dismissed as improvidently allowed. (No. 2001-1300—Submitted September 24, 2002—Decided December 4, 2002.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 78293. __________________ {¶1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

RESNICK and F.E. SWEENEY, JJ., dissent and would reverse the judgment of the court of appeals. __________________ Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., and Kathleen J. St. John, for appellant.

Fifner & Associates and Timothy P. Whitford, for appellee. __________________