[Cite as Presley v. Fraley, 123 Ohio St.3d 238, 2009-Ohio-5255.]




               PRESLEY, ADMR., APPELLEE, v. FRALEY, APPELLANT.
        [Cite as Presley v. Fraley, 123 Ohio St.3d 238, 2009-Ohio-5255.]
Discretionary appeal accepted, and judgment of the court of appeals reversed on
        the authority of Eppley v. Tri-Valley Local School Dist. Bd. of Edn.
 (No. 2009-0608 — Submitted September 1, 2009 — Decided October 6, 2009.)
      APPEAL from the Court of Appeals for Franklin County, No. 08AP-767,
                                     2009-Ohio-1558.
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        {¶ 1} The discretionary appeal is accepted.
        {¶ 2} The judgment of the court of appeals is reversed on the authority of
Eppley v. Tri-Valley Local School Dist. Bd. of Edn., 122 Ohio St.3d 56, 2009-
Ohio-1970, 908 N.E.2d 401.
        MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, O’DONNELL,
LANZINGER, and CUPP, JJ., concur.
        PFEIFER, J., dissents.
                                  __________________
        Jones Day, Shawn J. Organ, Matthew C. Corcoran, and Zachary C.
Bolitho, for appellant.
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