Moyer, C.J., Walsh, Lundberg Stratton, O'Connor, O'Donnell and Wise, JJ., concur.
Pfeifer, J., concurs in judgment only.
James E. Walsh, J., of the Twelfth Appellate District, was assigned to sit for Resnick, J., whose term ended on January 1, 2007.
John W. Wise, J., of the Fifth Appellate District, was assigned to sit for Lanzinger, J.
Cupp, J., whose term began on January 2, 2007, did not participate in the consideration or decision of this case.