Feazel v. Mills

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Feazel v. Mills, Slip Opinion No. 2009-Ohio-5257.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-5257 FEAZEL ET AL., APPELLEES, v. MILLS ET AL; STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Feazel v. Mills, Slip Opinion No. 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. __________________ {¶ 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. SUPREME COURT OF OHIO MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, and CUPP, JJ., concur. LANZINGER, J., dissents. __________________ Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and James R. Gallagher, for appellant. ______________________ 2

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