On September 21, 2011, the Ohio Supreme Court dismissed the certified conflict as moot. There is not a great deal of case law on the subject because, (1) a certified conflict does not occur that often, and (2) even less often does a case that is certified as a conflict become "moot". In fact, my first reaction when I was asked about the memorandum regarding mootness, was that it did not matter. Even if the case was resolved, there still remained an appellate decision that conflicted with other appellate decisions. With the issue being brought to the Ohio Supreme Court's attention, I sort of assumed that the Court would still want to resolve the issue.