The discretionary appeal is allowed. The judgment of the court of appeals is reversed and the cause is remanded to the trial court for further proceedings consistent with Cabe v. Lunich (1994), 70 Ohio St.3d 598, 640 N.E.2d 159.
MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.