
    2005-0247.
    Smith v. Conley.
   Stark App. No. 2004CA00068, 2004-Ohio-7057. Discretionary appeal accepted on Proposition of Law No. II.

Lundberg Stratton and Lanzinger, JJ., would accept the discretionary appeal on all propositions of law.

Resnick, Pfeifer and O’Donnell, JJ., dissent.

Motion to strike notice of appeal denied as moot.  