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STATE EX REL. HORWITZ v. CUYAHOGA CTY. COURT OF COMMON PLEAS, PROBATE DIV.

No. 92-1582.

65 Ohio St.3d 323 (1992)

THE STATE EX REL. HORWITZ, D.B.A. SECOND STREET PIER BAR & DELI, v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, PROBATE DIVISION, ET AL.

Supreme Court of Ohio.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Danny R. Williams, Director of Law, and Kenneth G. Silliman, Assistant Director of Law; Mansour, Gavin, Gerlack & Manos Co., L.P.A., Michael T. Gavin and Eli Manos, for respondent Cleveland.

Petersen, Ibold & Wantz and Jerry Petersen, for respondent Conro Co.

Per Curiam.

On August 25, 1992, we issued, sua sponte, an alternative writ ordering respondents to show cause by September 14, 1992 why the writ of mandamus should not issue and staying the August 27 hearing. In its answer, Conro urged us to issue the writ. Judge Corrigan and the probate court moved for dismissal of the complaint pursuant to Civ.R. 12(B)(6) (failure to state a claim for relief) or, in the alternative, for summary judgment pursuant to...

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