Nations Title Ins. of New York, Inc. v. Bertram
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[Cite as Nations Title Ins. of New York, Inc. v. Bertram, 91 Ohio St.3d 1246, 2001-Ohio-246.] NATIONS TITLE INSURANCE OF NEW YORK, INC. ET AL., APPELLANTS, v. BERTRAM ET AL., APPELLEES. [Cite as Nations Title Ins. of New York, Inc. v. Bertram (2001), 91 Ohio St.3d 1246.] Appeal dismissed as improvidently allowed. (No. 00-1321 Submitted March 13, 2001 Decided April 25, 2001.) APPEAL from the Court of Appeals for Montgomery County, No. 18078. __________________ The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. I disagree with the majority s decision to dismiss this cause as improvidently allowed. As the court of appeals noted, this case presents our court with its first opportunity to apply R.C. 1339.08. Our state s bench, bar, financial institutions, and fiduciaries could benefit from this court s analysis of the summary-judgment proceedings that occurred here under this section of the Uniform Fiduciary Act. Because I would affirm the judgment of the court of appeals, I respectfully dissent. __________________ Martin, Browne, Hull & Harper, P.L.L., and Austin P. Wildman, for appellants Nations Title Insurance of New York, Inc. and Fidelity National Title & Insurance Company. SUPREME COURT OF OHIO Schottenstein, Zox & Dunn Co., L.P.A., and Daniel R. Swetnam, for appellant United Companies Lending Corporation, and Special Counsel, for Stanley J. Cohen, Receiver. Talbot & Ducker and John T. Ducker, for appellant Stanley J. Cohen, Receiver. Bieser, Greer & Landis, L.L.P., David P. Williamson and Charles D. Shook, for appellant Stewart Title Guaranty Company. Frost & Jacobs, L.L.P., and Gerald L. Baldwin, for appellant Guarantee Title & Trust Company. Thompson, Hine & Flory, L.L.P., and David M. Rickert, for appellee Farmers State Bank & Trust. Gregor & Ovington and Sharon L. Ovington, urging reversal for amicus curiae, Ohio Land Title Association. Porter, Wright, Morris & Arthur, L.L.P., H. Grant Stephenson, Jennifer T. Mills and Bradley K. Baker, urging affirmance for amicus curiae, Community Bankers Association of Ohio. 2
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