STATE EX REL. SCANLON v. DETERS

No. 88-1471.

45 Ohio St. 3d 376 (1989)

THE STATE, EX REL. SCANLON, APPELLANT, v. DETERS, CLERK OF COURTS, APPELLEE.

Supreme Court of Ohio.

Decided October 4, 1989.


Attorney(s) appearing for the Case

John C. Scanlon, for appellant.

Arthur M. Ney, Jr., prosecuting attorney, and David L. Sellers, for appellee.


HOLMES, J.

The preliminary issue before us today is whether the court of appeals dismissed relator's complaint pursuant to Civ. R. 12(B)(6) for failure to state a claim for which relief may be granted, or whether it actually granted a Civ. R. 56 motion for summary judgment for the clerk.

The court of appeals' August 8 entry reflects that it "dismiss[d]" relator's complaint. However, other considerations suggest...

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