The discretionary appeal is allowed.
The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for consideration of In re Anderson (2001), 92 Ohio St.3d 63, 748 N.E.2d 67. Moyer, C.J., Douglas, Resnick, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
F.E. Sweeney, J., dissents and would affirm the judgment of the court of appeals.