783 N.E.2d 899
No. 2002-1661.Supreme Court of Ohio.Submitted January 7, 2003.
Decided March 5, 2003.
Appeal from the Court of Appeals for Butler County, No. CA2001-10-238 2002-Ohio-4126.
{¶ 1} The discretionary appeal is allowed.
{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court on the authority of Kimble v. Kimble, 97 Ohio St.3d 424, 2002-Ohio-6667, 780 N.E.2d 273.
Moyer, C.J., Resnick, Pfeifer, Cook, Lundberg Stratton and O’Connor, JJ., concur.
F.E. Sweeney, J., dissents and would affirm the judgment of the court of appeals.
Mary Lou Kusel, for appellant.