
    Wagoner, Appellant, v. Gerbl, Appellee.
    [Cite as Wagoner v. Gerbl, 98 Ohio St.3d 290, 2003-Ohio-739.]
    (No. 2002-1661
    Submitted January 7, 2003
    Decided March 5, 2003.)
    Mary Lou Kusel, for appellant.
   {¶ 1} The discretionary appeal is allowed.

{¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court on the authority of Kimble v. Kimble, 97 Ohio St.3d 424, 2002-Ohio-6667, 780 N.E.2d 273.

Moyer, C.J., Resnick, Pfeifer, Cook, Lundberg Stratton and O’Connor, JJ., concur.

F.E. Sweeney, J., dissents and would affirm the judgment of the court of appeals.  