WAGONER v. GERBL

{¶ 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.