The opinion
*81
Rogers, J.,
concurring in part and dissenting in part.
{¶ 55} I concur with the majority in holding that the claims of the appellant should be dismissed as to fraud and breach of fiduciary duty. However, I would hold that all other issues raised by the appellant are precluded by the doctrine of “merger by deed.” Accordingly, there remain no issues to be litigated, and I would affirm the trial court’s dismissal of the appellant’s action.