GEHM v. TIMBERLINE POST FRAME

MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed December 2, 2005:

"Whether the denial of a motion for leave to intervene on behalf of an insurer for purposes of participating in discovery and submitting jury interrogatories is a final appealable order pursuant to R.C. 2505.02."

RESNICK and PFEIFER, JJ., dissent.

Sua sponte, cause consolidated with 2005-2137, Gehm v. Timberline Post Frame, Summit App. No. 22479, 2005-Ohio-5222.

The conflict cases are Lent v. Dampier (Dec. 19, 1994), Stark App. No. 94 CA 0217, and Tomcany v. Range Constr., Lake App. No. 2003-L-071, 2004-Ohio-5314.