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STATE EX REL. SHEPHERD v. PAYTON

No. 2009 CA 0097.

2009 Ohio 7147

State of Ohio ex rel. Randy Shepherd, Relator, v. Judge Jeff Payton, Respondent.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: December 31, 2009.

Attorney(s) appearing for the Case

Randy Shepherd, 3558 Alvin Road, Shelby, Ohio 44875, for Relator.

David L. Remy, Law Director, City of Mansfield, Ohio, 30 North Diamond Street, Mansfield, Ohio 44902, for Respondent.

Before: Sheila G. Farmer, P.J., W. Scott Gwin, J., Julie A. Edwards, J.

OPINION

EDWARDS, J.

{¶1} Relator, Randy Shepherd, has filed a Complaint requesting this Court issue a writ of mandamus compelling Respondent, Judge Jeff Payton, to comply with our holding in Case Number 08CA334. Relator further complains about Respondent's ruling on a motion for leave to file an answer in the underlying case. Respondent has filed a Motion to Dismiss and/or Motion for Summary Judgment.

{¶2} In appellate...

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