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2000 Ohio 443

Thompson v. Olinn

Ohio Supreme Court

Decided June 7, 2000

Ohio Supreme Court · decided 2000-06-07

Motion for reconsideration granted—Discretionary appeal allowed—Court of appeals' judgment vacated and cause remanded to trial court for further proceedings consistent with Wolfe v. Wolfe.

Relies on Wolfe v. Wolfe · Thompson v. Olinn

Decided 2000-06-07

[This opinion has been published in Ohio Official Reports at 
89 Ohio St.3d 94
.]




     THOMPSON, A MINOR, ET AL., APPELLEES, v. OLINN, A MINOR, ET AL.;
            NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT.
                    [Cite as Thompson v. Olinn, 
2000-Ohio-443
.]
Motion for reconsideration granted—Discretionary appeal allowed—Court of
        appeals’ judgment vacated and cause remanded to trial court for further
        proceedings consistent with Wolfe v. Wolfe.
        (No. 99-2113—Submitted April 25, 2000—Decided June 7, 2000.)
     APPEAL from the Court of Appeals for Franklin County, No. 98AP-1585.
                                  __________________
        Colley, Shroyer & Abraham Co., L.P.A., David I. Shroyer and David K.
Frank, for appellees.
        Crabbe, Brown, Jones, Potts & Schmidt, Daniel J. Hurley and Steven E.
Miller, for appellant.
                                  __________________
        {¶ 1} The motion for reconsideration is granted.
        {¶ 2} The discretionary appeal is allowed.
        {¶ 3} The judgment of the court of appeals is vacated, and the cause is
remanded to the trial court for further proceedings consistent with Wolfe v. Wolfe
(2000), 
88 Ohio St.3d 246
, 
725 N.E.2d 261
.
        MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
        DOUGLAS, J., concurs in part and dissents in part.
        RESNICK and F.E. SWEENEY, JJ., dissent.
                                  __________________
                             SUPREME COURT OF OHIO




       DOUGLAS, J., concurring in part and dissenting in part.
       {¶ 4} I would grant the motion for reconsideration and allow the
discretionary appeal. I would then set a briefing schedule and assign the case for
oral argument. I would not, at this juncture, remand the cause to the trial court.
                               __________________




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