Swint v. Auld

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[Cite as Swint v. Auld, 122 Ohio St.3d 349, 2009-Ohio-3715.] SWINT, APPELLEE, v. AULD ET AL.; VILLAGE OF GOLF MANOR, APPELLANT. [Cite as Swint v. Auld, 122 Ohio St.3d 349, 2009-Ohio-3715.] Certified question answered in the negative, court of appeals judgment reversed on the authority of Sullivan v. Anderson Twp., and cause remanded. (No. 2008-2283 Submitted May 19, 2009 Decided August 4, 2009.) APPEAL from the Court of Appeals for Hamilton County, No. C-080067, 178 Ohio App.3d 531, 2008-Ohio-5381. __________________ {¶ 1} The certified question is answered in the negative. {¶ 2} The judgment of the court of appeals is reversed on the authority of Sullivan v. Anderson Twp., 122 Ohio St.3d 83, 2009-Ohio-1971, 909 N.E.2d 88, and the cause is remanded for consideration of appellant s assignments of error. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. PFEIFER and LANZINGER, JJ., dissent. __________________ Rendigs, Fry, Kiely & Dennis, L.L.P., and Wilson G. Weisenfelder Jr., for appellant. ______________________

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