MATIA, Chief Justice.
On October 28, 1992, relator Otis L. Rodgers, Sr. commenced this action against the respondent Cuyahoga County Court of Common Pleas to compel the court to rule upon his motion for return of property and declaratory judgment which he filed on September 8, 1992. In support of his mandamus Rodgers relies upon R.C. 2701.02 and Knox v. Knox (1986),
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