745 N.E.2d 432
No. 00-1321.Supreme Court of Ohio.Submitted March 13, 2001.
Decided April 25, 2001.
Appeal from the Court of Appeals for Montgomery County, No. 18078.
The cause is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.
Cook, J., dissents.
Cook, J., dissenting.
I disagree with the majority’s decision to dismiss this cause as improvidently allowed. As the court of appeals noted, this case presents our court with its first opportunity to apply R.C. 1339.08. Our state’s bench, bar, financial institutions, and fiduciaries could benefit from this court’s analysis of the summary-judgment proceedings that occurred here under this section of the Uniform Fiduciary Act. Because I would affirm the judgment of the court of appeals, I respectfully dissent.
Martin, Browne, Hull Harper, P.L.L., and Austin P. Wildman, for appellants Nations Title Insurance of New York, Inc. and Fidelity National Title Insurance Company.
Schottenstein, Zox Dunn Co., L.P.A., and Daniel R. Swetnam, for appellant United Companies Lending Corporation, and Special Counsel, for Stanley J. Cohen, Receiver.
Talbot Ducker and John T. Ducker, for appellant Stanley J. Cohen, Receiver.
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Bieser, Greer Landis, L.L.P., David P. Williamson
and Charles D. Shook, for appellant Stewart Title Guaranty Company.
Frost Jacobs, L.L.P., and Gerald L. Baldwin, for appellant Guarantee Title Trust Company.
Thompson, Hine Flory, L.L.P., and David M. Rickert, for appellee Farmers State Bank Trust.
Gregor Ovington and Sharon L. Ovington, urging reversal for amicus curiae, Ohio Land Title Association.
Porter, Wright, Morris Arthur, L.L.P., H. Grant Stephenson, Jennifer T. Mills and Bradley K. Baker, urging affirmance for amicus curiae, Community Bankers Association of Ohio.
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