2000 OHIO 176 - Shealy v. Phillips

[This opinion has been published in Ohio Official Reports at

90 Ohio St.3d 1231

.]




               SHEALY, APPELLANT, v. PHILLIPS ET AL., APPELLEES.
                     [Cite as Shealy v. Phillips,

2000-Ohio-176

.]
Certification of conflict dismissed as improvidently certified due to want of a
        conflict.
  (No. 99-2186—Submitted October 18, 2000 at the Fairfield County Session—
                             Decided December 13, 2000.)
      CERTIFIED by the Court of Appeals for Crawford County, No. 3-95-15.
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        Timothy A. Shimko & Associates and Timothy A. Shimko, for appellant.
        Sauter, Hohenberger & Beddow and Kenneth R. Beddow, for appellee Mark
Phillips.
        Kennedy, Purdy, Hoeffel, Gernert, Leuthold & Leuthold and Paul E.
Hoeffel, for appellee Allstate Insurance Company.
                                  __________________
        {¶ 1} The certification of conflict is dismissed, sua sponte, as having been
improvidently certified; there is want of a conflict.              S.Ct.Prac.R. IV(2)(B);
Whitelock v. Gilbane Bldg. Co. (1993),

66 Ohio St.3d 594

613 N.E.2d 1032

.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, SLABY, COOK and
LUNDBERG STRATTON, JJ., concur.
        LYNN C. SLABY, J., of the Ninth Appellate District, sitting for PFEIFER, J.
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