
    The State ex rel. Eldridge, Appellant, v. Devery, Acting Admr., et al., Appellees.
    [Cite as State ex rel. Eldridge v. Devery (1998), 83 Ohio St.3d 122.]
    (No. 97-583
    Submitted July 15, 1998
    Decided September 16, 1998.)
    
      
      Mark B. Weisser, for appellant.
    
      Betty D. Montgomery, Attorney General, and William D. Haders, Assistant Attorney General, for appellees.
   The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

Moyer, C.J., Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Douglas and F.E. Sweeney, JJ., dissent.

Resnick, J., dissents.

Alice Robie Resnick, J.,

dissenting. I would reverse the judgment of the court of appeals.  