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STATE EX REL. SMITH v. FUERST

No. 00-379.

89 Ohio St.3d 456 (2000)

THE STATE EX REL. SMITH, APPELLANT, v. FUERST, CLERK, APPELLEE.

Supreme Court of Ohio.

Decided August 16, 2000.

Attorney(s) appearing for the Case

Claude A. Smith, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristen L. Lusnia, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

Smith asserts that the court of appeals erred in denying the writ. For the following reasons, Smith's assertion lacks merit.

Fuerst mailed notice of the October 17, 1996 entry to Smith. Under Civ.R. 5(B), service was complete upon mailing. And Fuerst noted in the docket that service had been made. Therefore, Fuerst complied with his duty to serve the entry on Smith, and mandamus will not issue to compel an act that has already...

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