[This opinion has been published in Ohio Official Reports at 83 Ohio St.3d 279.]

THE STATE EX REL. DAVIE, APPELLANT, v. CALLAHAN, JUDGE, APPELLEE. [Cite as State ex rel. Davie v. Callahan, 1998-Ohio-571.]

Court of appeals’ judgment affirmed. (No. 98-558—Submitted July 8, 1998—Decided September 30, 1998.)

APPEAL from the Court of Appeals for Summit County, No. 18907. __________________ Michael D. Davie, pro se.

Maureen O’Connor, Summit County Prosecuting Attorney, and Paul Michael Maric, Assistant Prosecuting Attorney, for appellee. __________________ {¶ 1} 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. {¶ 2} 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. __________________