Summary
In State ex rel. Fant v. Mengel, 62 Ohio St.3d 197, 580 N.E.2d 1085 (1991), the Ohio Supreme Court affirmed the court of appeals' decision granting respondent's summary judgment motion on the basis that the documents sought by relator did not exist.
Summary of this case from State ex rel. Armatas v. Plain Twp. Bd. of Trs.Opinion
No. 91-1059
Submitted September 17, 1991 —
Decided December 11, 1991.
APPEAL from the Court of Appeals for Franklin County, No. 90AP-1314.
In a complaint filed in the Court of Appeals for Franklin County, Henry J. Fant, relator-appellant, sought a writ of mandamus to compel disclosure of public records under R.C. 149.43. Fant sought to obtain from respondents-appellees, Marcia J. Mengel, Clerk, Supreme Court of Ohio, and M.K. Rinehart, the court's Fiscal Officer, copies of an employment application and performance evaluations of Richard R. Gojdics, Deputy Clerk of the Supreme Court. The court of appeals, granting summary judgment for appellees, found that the documents sought by relator do not exist. Respondents had furnished other documents sought by relator, such as Gojdics's resume, the basis on which Gojdics was hired. The court of appeals also denied relator's motion to assess costs against respondents.
The cause is now before this court upon an appeal as of right.
Henry J. Fant, pro se. Lee I. Fisher, Attorney General, and Shawn H. Nau, for appellees.
Before mandamus can issue, relator must establish he has a clear legal right to the relief requested. State, ex rel. Fant, v. Sykes (1986), 28 Ohio St.3d 90, 28 OBR 185, 502 N.E.2d 597. The Public Records Act, R.C. 149.43, does not require that a public office create new documents to meet a requester's demand. State, ex rel. Scanlon, v. Deters (1989), 45 Ohio St.3d 376, 544 N.E.2d 680. Accordingly, the court of appeals correctly granted appellees' motion for summary judgment.
The court of appeals also correctly denied appellant's motion to assess costs since the complaint lacked any merit. Also, pro se litigants are not entitled to attorney fees under R.C. 149.43. See Fant v. Bd. of Trustees, Regional Transit Auth. (1990), 50 Ohio St.3d 72, 552 N.E.2d 639.
The judgment of the court of appeals is hereby affirmed.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.