Narrative Opinion Summary
The court of appeals' judgment is vacated, and the case is remanded to the trial court for further proceedings. The trial court is instructed to consider the Supreme Court's decisions in Wolfe v. Wolfe and Moore v. State Auto. Mut. Ins. Co., where applicable. Chief Justice Moyer and Justices Douglas, Resnick, F.E. Sweeney, and Pfeifer concur with the decision, while Justices Cook and Lundberg Stratton dissent.
Legal Issues Addressed
Judicial Concurrence and Dissentsubscribe to see similar legal issues
Application: The decision to vacate and remand is supported by a majority of the justices, with a noted dissent from two justices.
Reasoning: Chief Justice Moyer and Justices Douglas, Resnick, F.E. Sweeney, and Pfeifer concur with the decision, while Justices Cook and Lundberg Stratton dissent.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The trial court is instructed to conduct further proceedings considering specific Supreme Court decisions relevant to the case.
Reasoning: The trial court is instructed to consider the Supreme Court's decisions in Wolfe v. Wolfe and Moore v. State Auto. Mut. Ins. Co., where applicable.
Vacating of Judgmentsubscribe to see similar legal issues
Application: The court of appeals' judgment is vacated, meaning it is annulled and has no legal effect, and the case is sent back to the trial court for additional proceedings.
Reasoning: The court of appeals' judgment is vacated, and the case is remanded to the trial court for further proceedings.