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STATE EX REL. NELSON v. RUSSO

No. 99-2133.

89 Ohio St.3d 227 (2000)

THE STATE EX REL. NELSON, APPELLANT, v. RUSSO, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Carl A. Nelson, Jr., pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Diane Smilanick, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

Nelson asserts that the court of appeals erred in denying the writ because it improperly sua sponte converted Judge's Russo's motion to dismiss to a motion for summary judgment without notifying him of the conversion and giving him an opportunity to respond. Under Civ.R. 12(B) and 56(C), a court must notify all parties at least fourteen days before the time fixed for hearing when it converts a motion to dismiss for failure to...

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