698 N.E.2d 990
No. 96-2360Supreme Court of Ohio.Submitted July 8, 1998.
Decided September 16, 1998.
APPEAL from the Court of Appeals for Franklin County, No. 95APD10-1307.
Geraci LaPerna Co., L.P.A., and Rudolph J. Geraci for appellant.
Betty D. Montgomery, Attorney General, and Steve P. Dlott, Assistant Attorney General, for appellee.
The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
MOYER, C.J., PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.
DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.
ALICE ROBIE RESNICK, J., dissenting.
I would reverse the judgment of the court of appeals and grant relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.
DOUGLAS and F.E. SWEENEY, JJ., concur in the foregoing dissenting opinion.