The judgment of the court of appeals is vacated for lack of jurisdiction, Cicco v. Stockmaster (2000), 89 Ohio St.3d 95, 728 N.E.2d 1066, and the judgment of the trial court is reinstated to the extent that it decided issues other than constitutional questions.

concurring in judgment only. While I agree with the ultimate resolution, I do not subscribe to the majority’s reliance on Cicco v. Stockmaster (2000), 89 Ohio St.3d 95, 728 N.E.2d 1066, in disposing of this matter. I believe that Cicco was not properly decided and, accordingly, I continue to adhere to my dissent therein.