The cause is dismissed, sua sponte, as having been improvidently allowed in case No. 01-810.
The certification of conflict in case No. 01-811 is dismissed, sua sponte, as having been improvidently certified; there is a want of a conflict. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.
Pfeifer, J., dissents and would affirm the judgment of the court of appeals.