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STATE EX REL. TILLIMON v. WEIHER

No. 92-1835.

65 Ohio St.3d 468 (1992)

THE STATE EX REL. TILLIMON, D.B.A. TFC PROPERTY MANAGEMENT COMPANY, APPELLANT, v. WEIHER, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Duane J. Tillimon, pro se.

Daniel R. Pilrose, Jr., for appellee.

Per Curiam.

According to O'Brien v. University Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753, syllabus:

"In order for a court to dismiss a complaint for failure to state a claim upon which relief can be granted * * *, it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery. (Conley v. Gibson

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