Feazel v. Mills , 123 Ohio St. 3d 240 ( 2009 )

[Cite as Feazel v. Mills, 123 Ohio St. 3d 240, 2009-Ohio-5257.]
FEAZEL ET AL., APPELLEES, v. MILLS ET AL; STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, APPELLANT.
[Cite as Feazel v. Mills, 123 Ohio St. 3d 240, 2009-Ohio-5257.]
Discretionary appeal accepted, court of appeals’ judgment vacated on the
authority of Walburn v. Dunlap, and cause remanded to apply Walburn v.
Dunlap.
(No. 2009-0949 — Submitted September 1, 2009 — Decided October 6, 2009.)
APPEAL from the Court of Appeals for Butler County, Nos. CA2009-02-063 and
CA2009-03-091.
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{¶ 1} The discretionary appeal is accepted.
{¶ 2} The judgment of the court of appeals issued on April 9, 2009
dismissing the appeal below is vacated on the authority of Walburn v. Dunlap,
121 Ohio St. 3d 373, 2009-Ohio-1221, 904 N.E.2d 863, and the cause is remanded
to the court of appeals to apply Walburn v. Dunlap.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,
O’DONNELL, and CUPP, JJ., concur.
LANZINGER, J., dissents.
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Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and James R. Gallagher,
for appellant.
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