Opinion
No. 91-1227
Submitted September 17, 1991 —
Decided December 11, 1991.
APPEAL from the Court of Appeals for Franklin County, No. 89AP-836.
On July 17, 1989, relator-appellant, Edward M. Mayrides, filed a complaint for a writ of mandamus in the Court of Appeals for Franklin County to secure from respondents-appellees, the city of Whitehall and certain of its officials, copies of public records under R.C. 149.43, relating to his 1981 arrest and subsequent conviction for rape. On March 13, 1990, the court of appeals ordered the city to release the records to Mayrides, and the city complied.
Thereafter, Mayrides applied for a writ of execution in the court of appeals claiming that the city did not furnish all available records and that if some records no longer existed, they should be recreated. Denying the writ of execution, the court of appeals granted summary judgment for the city. A custodian's affidavit affirmed that all documents in the city's custody relating to Mayrides' arrest and conviction had been turned over to Mayrides.
Relator now appeals to this court as a matter of right.
Edward M. Mayrides, pro se. Ted Zwayer, City Attorney, for appellees.
Relator has failed to produce any credible evidence that respondents have failed or refused to produce copies of all documents that exist. Thus, relator has already received from respondents all documents to which he is entitled. State, ex rel. Fant, v. Sykes (1987), 29 Ohio St.3d 18, 29 OBR 235, 504 N.E.2d 1115. The Public Records Act, R.C. 149.43, does not require that a public office create documents to meet a requester's demands. State, ex rel. Scanlon, v. Deters (1989), 45 Ohio St.3d 376, 544 N.E.2d 680.
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.