Moriarty v. Westgate Center, Inc.

Neither party nor the Court of Appeals raised any question as to the finality and appealability of the order granting the motion to quash. But see 2 Ohio Jurisprudence (2d), 610, Section 43. Hence, in view of the importance of the questions of law argued by the parties and apparently passed upon by the Court of Appeals, a majority of this court may, *404as it did in Rogers v. Toni Home Permanent Co. (1958), 167 Ohio St., 244, 250, 251, 147 N. E. (2d), 612, 75 A. L. R. (2d), 103, acquiesce in the apparent desire of both parties to this litigation and ignore any procedural questions as to the…