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STATE EX REL. SPIRKO v. JUDGES OF THE COURT OF APPEALS

No. 85-1784.

27 Ohio St. 3d 13 (1986)

THE STATE, EX REL. SPIRKO, v. JUDGES OF THE COURT OF APPEALS, THIRD APPELLATE DISTRICT, ET AL.

Supreme Court of Ohio.

Decided November 26, 1986.

Attorney(s) appearing for the Case

Randall M. Dana, public defender, and Michael W. Gleespen, for relator.

Stephen E. Keister, prosecuting attorney, and Charles F. Koch, for respondent Keysor.

Per Curiam.

A proceeding for a writ of mandamus is a civil action. State, ex rel. Wilson, v. Preston (1962), 173 Ohio St. 203 [19 O.O.2d 11], paragraph one of the syllabus. Consequently, mandamus actions are governed by the Ohio Rules of Civil Procedure. Cf. State, ex rel. Madison, v. Cotner (1981), 66 Ohio St.2d 448 [20 O.O.3d 381].

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