
    Feazel et al., Appellees, v. Mills et al.; State Farm Mutual Automobile Insurance Company, Appellant.
    [Cite as Feazel v. Mills, 123 Ohio St.3d 240, 2009-Ohio-5257.]
    (No. 2009-0949
    Submitted September 1, 2009
    Decided October 6, 2009.)
    Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and James R. Gallagher, for appellant.
   {¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals issued on April 9, 2009, dismissing the appeal below is vacated on the authority of Walburn v. Dunlap, 121 Ohio St.3d 373, 2009-Ohio-1221, 904 N.E.2d 863, and the cause is remanded to the court of appeals to apply Walburn.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, and Cupp, JJ., concur.

Lanzinger, J., dissents.  