Opinion
No. 98 870
Submitted November 10, 1998
Decided January 20, 1999.
APPEAL from the Court of Appeals for Franklin County, No. 97APD04-560.
Law Office of Thomas Tootle and Thomas Tootle, for appellant.
Betty D. Montgomery, Attorney General, and Jon D. Grandon, 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., RESNICK COOK and LUNDBERG STRATTON, JJ., concur.
DOUGLAS, J., dissents and would order relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.
F.E. SWEENEY and PFEIFER, JJ., dissent and would reverse the judgment of the court of appeals.