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2001 Ohio 219

Post v. Harber

Ohio Supreme Court

Decided August 8, 2001

Ohio Supreme Court · decided 2001-08-08

Discretionary appeal allowed—Court of appeals' judgment reversed and cause remanded for further proceedings on authority of Littrell v. Wigglesworth and Clark v. Scarpelli.

Relies on Clark v. Scarpelli · Littrell v. Wigglesworth · Post v. Harber

Decided 2001-08-08

[This decision has been published in Ohio Official Reports at 
92 Ohio St.3d 434
.]




 POST ET AL., APPELLANTS, v. HARBER; OHIO FARMERS INSURANCE COMPANY
                                   ET AL., APPELLEES.

                       [Cite as Post v. Harber, 
2001-Ohio-219
.]
Discretionary appeal allowed—Court of appeals’ judgment reversed and cause
        remanded for further proceedings on authority of Littrell v. Wigglesworth
        and Clark v. Scarpelli.
        (No. 01-539—Submitted May 30, 2001—Decided August 8, 2001.)
       APPEAL from the Court of Appeals for Vinton County, No. 00CA541.
                                  __________________
        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is reversed, and the cause is
remanded for further proceedings on the authority of Littrell v. Wigglesworth
(2001), 
91 Ohio St.3d 425
, 
746 N.E.2d 1077
, and Clark v. Scarpelli (2001), 
91 Ohio St.3d 271
, 
744 N.E.2d 719
.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
        COOK, J., concurs in judgment only.
        LUNDBERG STRATTON, J., dissents.
                                  __________________
        Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellants.
        Isaac, Brant, Ledman & Teetor, Steven G. LaForge and Barbara Kozar
Letcher, for appellee Ohio Farmers Insurance Company.
        Mann & Preston, L.L.P., and Mark A. Preston, for appellee State Farm
Mutual Automobile Insurance Company.
                                  __________________

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