2004-Ohio-6364, 818 N.E.2d 709

Estate of Harrold v. Collier.

No. 2004-1647.Supreme Court of Ohio.
Decided December 1, 2004.

Wayne App. No. 03CA0064, 2004-Ohio-4331.

MOTION AND PROCEDURAL RULINGS

On motion for stay of court of appeals’ judgment. Motion denied.

RESNICK, LUNDBERG STRATTON and O’CONNOR, JJ., dissent.

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed September 22, 2004:

“Whether Ohio Courts are obligated to afford `special weight’ to the wishes of the parents of minor children concerning non-parental visitation as outlined in Troxel v. Granville
(2000), 530 U.S. 57[, 120 S.Ct. 2054, 147 L.Ed.2d 49.]” (Emphasis added.)

The conflict case is Oliver v. Feldner, 149 Ohio App.3d 114, 2002-Ohio-3209, 776 N.E.2d 499.

Sua sponte, cause consolidated with 2004-1492, Estate of Harrold v. Collier, Wayne App. No. 03CA0064, 2004-Ohio-4331.