Citations

Full opinion text

The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Resnick, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Douglas, J., dissents.

Butkovich, Schimpf, Schimpf & Ginocchio Co., L.P.A., and James A. Whittaker, for appellant.

Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee.

F.E. Sweeney, J.,

dissents, would reverse the judgment of the court of appeals, and would order relief pursuant to State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.