HUTCHINGS v. CHILDRESS, 2006-1703 (9-17-2008)

Moyer, C.J., and Pfeifer, O'Donnell, Lanzinger, and Cupp, JJ., concur.

Lundberg Stratton, J., concurs in part and dissents in part.

O'Connor, J., dissents and would dismiss the cause as having been improvidently accepted.