Opinion
No. 00-858.
Submitted November 14, 2000.
Decided January 24, 2001.
Appeal from the Court of Appeals for Franklin County, No. 99AP-733.
Butler, Cincione, DiCuccio Barnhart and David B. Barnhart, for appellee.
Betty D. Montgomery, Attorney General, and Kimberly M. Connett, Assistant Attorney General, for appellant.
The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.
Cook, J., dissents.
Based on the rationale set forth in the decision of the court of appeals' magistrate, I respectfully dissent.