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Myles v. Wyatt

Supreme Court of Ohio
Dec 11, 1991
62 Ohio St. 3d 191 (Ohio 1991)

Opinion

No. 91-728

Submitted September 17, 1991 —

Decided December 11, 1991.

APPEAL from the Court of Appeals for Stark County, No. CA-8508.

James Myles, Jr., pro se. Thomas M. Bernabei, Law Director, and Mariella Mestel, for appellee.


Relator-appellant, James Myles, Jr., filed a "Motion for a Writ of Mandamus" in the Court of Appeals for Stark County on March 4, 1991. The court of appeals overruled the motion pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) for lack of a proper complaint. We agree. R.C. 2731.04 states that "[a]pplication for the writ of mandamus must be by petition * * *." Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.


Summaries of

Myles v. Wyatt

Supreme Court of Ohio
Dec 11, 1991
62 Ohio St. 3d 191 (Ohio 1991)
Case details for

Myles v. Wyatt

Case Details

Full title:MYLES, APPELLANT, v. WYATT, CHIEF OF POLICE, APPELLEE

Court:Supreme Court of Ohio

Date published: Dec 11, 1991

Citations

62 Ohio St. 3d 191 (Ohio 1991)
580 N.E.2d 1080

Citing Cases

State v. Buehler

Additionally, mandamus may not be commenced by motion. Myles v. Wyatt, 62 Ohio St.3d 191, 580 N.E.2d 1080…

State v. Klein

Additionally, mandamus may not be commenced by motion. Myles v. Wyatt (1991), 62 Ohio St.3d 191, 580 N.E.2d…