concurring in part and in syllabus and judgment only. I concur in Part II of the majority opinion and with the holding that the judgment of the court of appeals should be affirmed, and I concur in both paragraphs of the syllabus.
However, I disapprove of the majority’s reliance upon Hughes v. Hughes (1988), 35 Ohio St. 3d 165, 518 N.E. 2d 1213, to support its affirmance of the court of appeals’ judgment because I believe Hughes v. Hughes was incorrectly decided.