The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.
Moyer, C.J., Pfeifer, Cóok and Lundberg Stratton, JJ., concur. Douglas, Resnick and F.E. Sweeney, JJ., dissent and would reverse the judgment of the court of appeals and order relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.