99-920 | Ohio | Jun 30, 1999
Lucas App. No. L-98-1413. On review of order certifying a conflict. The court determines that a conflict exists on the following question certified by the court of appeals in its Decision and Judgment Entry filed April 13,1999:
‘When, in a multi-defendant and/or multi-issue case, one defendant is granted summary judgment (or partial summary judgment on fewer than all the issues is granted) in a decision of the trial court which does not contain a Civ.R. 54(B) certification that there is no just reason for delay, and the remaining defendant(s) and/or issues are subsequently dismissed without prejudice, is the decision granting summary judgment dissolved or does it then become appealable?”
Saa sponte, cause held for the decision in 98-1935, Denham v. New Carlisle, Clark App. No. 98CA19; briefing schedule stayed.
The conflict case is Eiland v. Coldwell Banker Hunter Realty (1997), 122 Ohio App.3d 446, 702 N.E.2d 116.