STATE EX REL. FOX v. PHELPS

Merit Decision Without Opinion

Motion denied. Cause dismissed as moot.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, CUPP, and MCGEE BROWN, JJ., concur.

LANZINGER, J., concurs but would dismiss the cause on the authority of Smith v. Leis, 106 Ohio St.3d 309, 2005-Ohio-5125, 835 N.E.2d 5, syllabus; and State ex rel. Jones v. Hendon (1993), 66 Ohio St.3d 115, 609 N.E.2d 541.