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