Lima v. DePalma

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[Cite as Lima v. DePalma, 104 Ohio St.3d 1201, 2004-Ohio-6401.] CITY OF LIMA ET AL., APPELLANTS, v. DEPALMA, APPELLEE. [Cite as Lima v. DePalma, 104 Ohio St.3d 1201, 2004-Ohio-6401.] Appeal dismissed as improvidently allowed. (No. 2003-2063 Submitted October 13, 2004 Decided December 8, 2004.) APPEAL from the Court of Appeals for Allen County, No. 1-03-10, 2003-Ohio5451. __________________ {¶1} The cause is dismissed, sua sponte, as having been improvidently allowed. {¶2} The court orders that the opinion of the court of appeals may not be cited as authority except by the parties inter se. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. __________________ Anthony L. Geiger, Lima City Law Director, for appellants. Blaugrund, Herbert & Martin, Inc., and David S. Kessler, for appellee. Barry M. Byron, Stephen L. Byron, and John Gotherman, urging reversal for amicus curiae Ohio Municipal League. Livorno & Arnett Co., L.P.A., and Henry A. Arnett, urging affirmance for amicus curiae Ohio Association of Professional Firefighters. Gittes & Schulte and Fred Gittes; Fortney & Klingshirn and Neil E. Klingshirn, urging affirmance for amicus curiae Ohio Employment Lawyers' Association. ________________________

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