WHITESIDE, J.
Plaintiff-appellant, Karl A. Buerger, appeals from a judgment of the Franklin County Court of Common Pleas sustaining the motion of defendant-appellee, Office of the public Defender, to dismiss the action for lack of jurisdiction. However, in the decision and judgment entry entered by the trial court, that court discussed the merits of plaintiff's claim, which discussion is the subject of the three assignments of error raised herein by plaintiff.
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