
    The State ex rel. Davie, Appellant, v. Callahan, Judge, Appellee.
    [Cite as State ex rel. Davie v. Callahan (1998), 83 Ohio St.3d 279.]
    (No. 98-558
    Submitted July 8, 1998
    Decided September 30, 1998.)
    
      Michael D. Davie, pro se.
    
    
      Maureen O’Connor, Summit County Prosecuting Attorney, and Paul Michael Marie, Assistant Prosecuting Attorney, for appellee.
   The judgment of the court of appeals is affirmed; the cause is now moot.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Cook and Lundberg Stratton, JJ., dissent.

Cook, J.,

dissenting. Mootness warrants dismissal of the appeal rather than affirmance of the judgment of the court of appeals. See, e.g., State ex rel. Santora v. Cuyahoga Cty. Bd. of Elections (1962), 174 Ohio St. 11, 21 O.O.2d 35, 185 N.E.2d 438.

Lundberg Stratton, J., concurs in the foregoing dissenting opinion.  