Cole v. Pine Ridge Apts. Co. II

1999 Ohio 38, 87 Ohio St. 3d 229

Opinion

[This opinion has been published in Ohio Official Reports at 87 Ohio St.3d 229.]

COLE, ADMR., ET AL., APPELLANTS, v. PINE RIDGE APARTMENTS COMPANY II ET AL., APPELLEES.

[Cite as Cole v. Pine Ridge Apts. Co. II, 1999-Ohio-38.] Discretionary appeal allowed—Court of appeals’ judgment reversed on authority of Denham v. New Carlisle. (Nos. 99-1244 and 99-1597–Submitted September 21, 1999–Decided November 24, 1999.) APPEAL from and CERTIFIED by the Court of Appeals for Lake County, No. 99-L- 028. __________________ McDonald, Hopkins, Burke & Haber Co., L.P.A., and Jerome W. Cook, for appellants. __________________ {¶ 1} The discretionary appeal is allowed, and the certified conflict is accepted. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Denham v. New Carlisle (1999), 86 Ohio St.3d 594, 716 N.E.2d 184. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________