Spangler v. Kehres
This text of 1996 Ohio 453 (Spangler v. Kehres) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[This opinion has been published in Ohio Official Reports at 75 Ohio St.3d 1218.]
SPANGLER, APPELLANT, v. KEHRES, APPELLEE. [Cite as Spangler v. Kehres, 1996-Ohio-453.] Appeal dismissed as improvidently allowed. (No. 95-1130—Submitted at the New Philadelphia Session April 17, 1996— Decided June 12, 1996.) APPEAL from the Court of Appeals for Richland County, No. 94-CA-69. __________________ Clark, Perdue, Roberts & Scott Co., L.P.A., and Edward L. Clark, for appellant. Sauter & Hohenberger and Kenneth R. Beddow, for appellee. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., F. E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur. DOUGLAS, J., dissents. RESNICK, J., dissents separately. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the court of appeals’ judgment. Summary judgment should not have been granted, since there was a genuine issue of material fact. Additionally, reviewing this case would give us an opportunity to restrict Marchetti v. Kalish (1990), 53 Ohio St.3d 95, 559 N.E.2d 699. __________________
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