concurring. In view of this decision and State, ex rel. Riverside Methodist Hosp., v. Gillie (1979), 58 Ohio St. 2d 49, 387 N. E. 2d 1378, it appears that State, ex rel. Brown, v. Galbraith (1977), 52 Ohio St. 2d 158, 370 N. E. 2d 477, has been impliedly overruled.