STATE EX REL. MILEY v. PARROTT

No. 96-1292.

77 Ohio St.3d 64 (1996)

THE STATE EX REL. MILEY v. PARROTT, JUDGE.

Supreme Court of Ohio.

Decided November 6, 1996.


Attorney(s) appearing for the Case

John C. Hemphill, for relator.

Richard E. Parrott, pro se.


Per Curiam.

S.Ct.Prac.R. X(5) provides that "[a]fter the time for filing an answer to the complaint or a motion to dismiss, the Supreme Court will either dismiss the case or issue an alternative or a peremptory writ, if a writ has not already been issued."

In order to be entitled to a writ of procedendo, a relator must establish a clear legal right to require the court to proceed, a clear legal duty on the part of the court to proceed, and the lack...

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