concurring in judgment only.
I concur fully as to Division 1 of the majority’s opinion. I concur in judgment only as to Division 2 because I do not agree with all that is said in that division of the majority opinion. Thus, the majority’s opinion in Division 2 decides only the issues presented in that division and may not be cited as binding precedent in future cases. See Court of Appeals Rule 33 (a).
Gray, Rust, St. Amand, Moffett & Brieske, Michael D. St. Amand, for appellee.