Luckenbill v. Midwestern Indemnity Co.

Ohio Supreme Court July 24, 2002

Luckenbill v. Midwestern Indemnity Co., 96 Ohio St. 3d 1203 (Ohio 2002)

Cook, Douglas, Moyer, Pfeifer, Resnigk, Stratton, Sweeney

Opinion of the Court

{¶ 1} The certification of conflict is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict.

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

Cook, J.,

dissenting.

{¶ 2} I respectfully dissent. Instead of dismissing this case as improvidently certified, I would affirm the judgment of the court of appeals.