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, Cook and Lundberg Stratton, JJ., concur. Law Office of Thomas Tootle Co., L.P.A., and Thomas Tootle, for appellant. Betty D. Montgomery, Attorney General, and Thomas L. Reitz, Assistant Attorney General, for appellee.