
    Noe, Appellant, v. Smith, Appellee.
    [Cite as Noe v. Smith (2001), 93 Ohio St.3d 1217.]
    (No. 00-1917
    Submitted September 19, 2001
    Decided October 31, 2001.)
    
      Allen Schulman & Associates Co., L.P.A., Allen Schulman, Jr., and Christopher J. Van Blargan, for appellant.
    
      Mollica, Gall, Sloan & Sillery Co., L.P.A, Gerald A Mollica, Robert J. Gall and Larry D. Wines, for appellee.
   The cause is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Douglas and Resnick, JJ., dissent.

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