[This decision has been published in Ohio Official Reports at 94 Ohio St.3d 1212.]

CRAWLEY-KINLEY ET AL., APPELLEES, v. PRICE, APPELLANT. [Cite as Crawley-Kinley v. Price, 2002-Ohio-342.]

Appeal dismissed as improvidently allowed. (No. 01-285—Submitted December 11, 2001—Decided January 30, 2002.)

APPEAL from the Court of Appeals for Hamilton County, No. C-000110. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

DOUGLAS, RESNICK, F.E. SWEENEY and LUNDBERG STRATTON, JJ., concur.

MOYER, C.J., and COOK, J., dissent.

PFEIFER, J., dissents. __________________ PFEIFER, J., dissenting. {¶ 2} I dissent and would reverse the judgment of the court of appeals. __________________ COOK, J., dissenting. {¶ 3} I respectfully dissent. I would adjudicate this cause on the merits and affirm the judgment of the court of appeals.

MOYER, C.J., concurs in the foregoing dissenting opinion. __________________ Michael K. Allen, Hamilton County Prosecuting Attorney, and Diane E.

Books, Assistant Prosecuting Attorney, for appellees.

Victor Dwayne Sims, for appellant. __________________