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STATE EX REL. THOMPSON v. SPON

No. 98-505.

83 Ohio St.3d 551 (1998)

THE STATE EX REL. THOMPSON, APPELLANT, v. SPON, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided November 10, 1998.

Attorney(s) appearing for the Case

Richland County Legal Services and Dennis C. Tenison, for appellant.

James J. Mayer, Jr., Richland County Prosecuting Attorney, Nancy H. Massie and Stephen M. Wildermuth, Assistant Prosecuting Attorneys, for appellee.

Ohio State Legal Services Association and Michael R. Smalz; Southeastern Ohio Legal Services and Rebecca Baird, urging reversal for amici curiae, Action Ohio, Ohio Domestic Violence Network, and Ohio NOW Education and Legal Fund.

Per Curiam.

Appellant and the various amici curiae assert that the court of appeals erred in sua sponte dismissing the mandamus complaint. Sua sponte dismissal of a complaint is appropriate if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Luna v. Huffman (1996), 74 Ohio St.3d 486, 487, 659 N.E.2d 1279...

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