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STATE EX REL. JONES v. GARFIELD HTS. MUN. COURT

No. 96-1375.

77 Ohio St.3d 447 (1997)

THE STATE EX REL. JONES, APPELLANT, v. GARFIELD HEIGHTS MUNICIPAL COURT, APPELLEE.

Supreme Court of Ohio.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Koblentz & Koblentz, Richard S. Koblentz and Craig J. Morice, for appellant.

Michael G. Ciaravino, for appellee.

Per Curiam.

In his propositions of law, Jones asserts that the court of appeals erred in sua sponte dismissing his complaint for a writ of prohibition. Although sua sponte dismissal of a complaint without notice is generally inappropriate, it is warranted if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Cossett v. State...

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