STATE EX REL. v. WHITE

No. 2006-0042.

110 Ohio St.3d 335 (2006)

2006-Ohio-4573

THE STATE EX REL. DAYTON LAW LIBRARY ASSOCIATION, APPELLEE, v. WHITE, CLERK, APPELLANT, AND MONTGOMERY COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 20, 2006.


Attorney(s) appearing for the Case

Cooper & Gentile, Janet K. Cooper, and Diane L. Gentile, for appellee Dayton Law Library Association.

Calfee, Halter & Griswold, L.L.P., Marck I. Wallach, and Matthew M. Mendoza; Kettering Law Department, David L. Eubank, and Theodore A. Hamer III, for appellant.

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Victoria E. Watson, Assistant Prosecuting Attorney, for appellees Montgomery County Board of Commissioners and Montgomery County Treasurer.


Per Curiam.

{¶ 1} This is an appeal from a judgment granting a writ of mandamus to compel a municipal court clerk to pay to a county those fine moneys that had been withheld as an offset against unpaid costs incurred in connection with unsuccessful state-law prosecutions.

{¶ 2} In 1977, upon a request by the Montgomery County Prosecuting Attorney for an opinion regarding costs for certain state prosecutions...

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