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State ex Rel. Perry v. Wilson

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 18, 1999
No. 75707 (Ohio Ct. App. Mar. 18, 1999)

Opinion

No. 75707

March 18, 1999.

PETITON FOR WRIT OF MANDAMAS MOTION NO. 4314.

DISMISSED.

PAUL PERRY, pro se, for relator.

WILLIAM D. MASON, Cuyahoga County Prosecutor, ARLINE MARIE ZEHE, Assistant, LYNNE ANN YOHE, Assistant, for respondent.


OPINION


Relator, Paul Perry, has filed a complaint for a writ of mandamus through which he seeks the following relief: 1) "Issue a Writ of Mandamus directing respondents to comply with the laws and statues (sic) and the Court ordered testing of all parties in this paternity claim"; 2) "Issue a Writ of Habeas corpus (sic) ad testificandum directing the Court to have relator present in Court for the final determination of relators (sic) claim of paternity"; 3) "Grant relator an award of having his case brought to a SPEEDY final determination and ruling" and 4) "For such other relief as the Court deems just and proper."

In order for this court to issue a writ of mandamus, the relator must establish that: 1) the realtor possesses a clear legal right to the relief requested; 2) the respondent possesses a clear legal duty to perform the requested act; and 3) the relator possesses no plain and adequate remedy at law. State ex rel. Carter v. Wilkinson (1994), 70 Ohio St.3d 65. In the case sub judice, the relator has failed to establish each prong of the aforesaid three-part test. State, ex rel Bardo v. Lyndhurst (1988), 37 Ohio St.3d 106; State, ex rel Westchester Estates, Inc. v. Bacon (1980), 37 Ohio St.2d 42.

Accordingly, we grant the respondents' motion to dismiss. Costs to relator.

Writ dismissed.

ANN DYKE, J. CONCURS.

JAMES M. PORTER, ADMINISTRATIVE JUDGE.


Summaries of

State ex Rel. Perry v. Wilson

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Mar 18, 1999
No. 75707 (Ohio Ct. App. Mar. 18, 1999)
Case details for

State ex Rel. Perry v. Wilson

Case Details

Full title:STATE OF OHIO, ex rel. PAUL PERRY, Relator v. WENDY WILSON and CUYAHOGA…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Mar 18, 1999

Citations

No. 75707 (Ohio Ct. App. Mar. 18, 1999)