Presley v. Fraley
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Presley v. Fraley, Slip Opinion No. 2009-Ohio-5255.] 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-5255 PRESLEY, ADMR., APPELLEE, v. FRALEY, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Presley v. Fraley, Slip Opinion No. 2009-Ohio-5255.] Discretionary appeal accepted, and judgment of the court of appeals reversed on the authority of Eppley v. Tri-Valley Local School Dist. Bd. of Edn. (No. 2009-0608 Submitted September 1, 2009 Decided October 6, 2009.) APPEAL from the Court of Appeals for Franklin County, No. 08AP-767, 2009-Ohio-1558. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed on the authority of Eppley v. Tri-Valley Local School Dist. Bd. of Edn., 122 Ohio St.3d 56, 2009Ohio-1970, 908 N.E.2d 401. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. PFEIFER, J., dissents. __________________ SUPREME COURT OF OHIO Jones Day, Shawn J. Organ, Matthew C. Corcoran, and Zachary C. Bolitho, for appellant. ______________________ 2
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