Wagoner v. Gerbl

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[Cite as Wagoner v. Gerbl, 98 Ohio St.3d 290, 2003-Ohio-739.] WAGONER, APPELLANT, v. GERBL, APPELLEE. [Cite as Wagoner v. Gerbl, 98 Ohio St.3d 290, 2003-Ohio-739.] Discretionary appeal allowed Court of appeals judgment reversed and cause remanded on authority of Kimble v. Kimble. (No. 2002-1661 Submitted January 7, 2003 Decided March 5, 2003.) APPEAL from the Court of Appeals for Butler County, No. CA2001-10-238, 2002Ohio-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. __________________ 1

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