
    
      Wednesday, January 12, 1994
    
    MERIT DOCKET
    92-625.
    Gergely v. Van Voorhis.
   Erie County, Nos. E-90-36 and E-89-10. On motion to dismiss and to remand. Motion to dismiss denied; the judgment of the court of appeals is vacated and the cause is remanded to the trial court for further proceedings.

A.W. Sweeney, Douglas, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., and Wright, J., would grant the motion to dismiss, and would remand the cause to the trial court with instructions that it follow the court of appeals’ original opinion.

Resnick, J., not participating.  