Dillard v. Cleveland Metro. School Dist.

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Dillard v. Cleveland Metro. School Dist., Slip Opinion No. 2012-Ohio-1223.] 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. 2012-OHIO-1223 DILLARD ET AL., APPELLEES, v. CLEVELAND METROPOLITAN SCHOOL DISTRICT ET AL., APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Dillard v. Cleveland Metro. School Dist., Slip Opinion No. 2012-Ohio-1223.] Discretionary appeal accepted, court of appeals judgment vacated, and cause remanded for application of DiGiorgio v. Cleveland. (No. 2011-1957 Submitted March 21, 2012 Decided March 27, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 97195. __________________ {¶ 1} The discretionary appeal is accepted on Proposition of Law I. {¶ 2} The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for application of the Eighth District s en banc decision in DiGiorgio v. Cleveland, 8th Dist. No. 95945, 2011-Ohio-5824. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ SUPREME COURT OF OHIO Bashein & Bashein Co., L.P.A., and W. Craig Bashein; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers, for appellees, Ni-Asia Dillard and Nur-Ur-Din Dillard. Wayne J. Belock, Joseph J. Jerse, and David J. Sipusic, for appellants, Cleveland Metropolitan School District and Mr. Little. ______________________ 2

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