Opinion
Case No. 2019 AP 07 0022
10-03-2019
JON T. HARMON, Petitioner, v. JUDGE EDWARD EMMETT O'FARRELL, Respondent.
APPEARANCES: For Petitioner JON T. HARMON, Pro Se 238 May Road New Philadephia, Ohio 44663 For Respondent ROBERT R. STEPHENSON II Assistant Prosecuting Attorney 125 East High Avenue New Philadelphia, Ohio 44663
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R.
OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed APPEARANCES: For Petitioner JON T. HARMON, Pro Se
238 May Road
New Philadephia, Ohio 44663 For Respondent ROBERT R. STEPHENSON II
Assistant Prosecuting Attorney
125 East High Avenue
New Philadelphia, Ohio 44663 Baldwin, J.
{¶1} On July 18, 2019, Jon Harmon filed a petition for writ of mandamus to compel Judge Edward E. O'Farrell to continue a hearing the trial court conducted on July 15, 2019. Mr. Harmon further asks this Court to issue a stay to preclude further garnishment of funds until the trial court conducts a hearing and rules on an accounting. On July 26, 2019, the Tuscarawas County Prosecutor, on behalf of Judge O'Farrell, filed a Motion to Dismiss Mr. Harmon's petition for writ of mandamus. In response, Mr. Harmon filed a Motion to Quash Respondent's Motion to Dismiss.
{¶2} Upon review of Mr. Harmon's petition, we grant the prosecutor's motion to dismiss. Mr. Harmon is not entitled to a writ of mandamus because R.C. 2731.04 provides that an application for writ of mandamus "must be * * * in the name of the state on the relation of the person applying." "Thus, a petition for writ of mandamus may be dismissed for failure to bring the action in the name of the state." Shoop v. State, 144 Ohio St.3d 374, 2015-Ohio-2068, 43 N.E.3d 432, ¶10, citing Blankenship v. Blackwell, 103 Ohio St.3d 567, 2004-Ohio-5596, 817 N.E.2d 382, ¶34. Mr. Harmon's petition was not brought in the name of the state and therefore, his claim for a writ of mandamus is dismissed.
{¶3} The Court also denies Mr. Harmon's request for a stay and his request to quash Respondent's Motion to Dismiss.
{¶4} The clerk of courts is hereby directed to serve upon all parties not in default notice of this judgment and its date of entry upon the journal. See Civ.R. 58(B). By: Baldwin, J. Gwin, P.J. and Wise, John, J. concur.