STATE EX REL. ELLIOTT v. HAAS

No. 2010-CA-00281.

2011 Ohio 1037

STATE EX REL. BRADLEY ELLIOTT, Relator, v. HONORABLE JOHN G. HAAS, Respondent.

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

DATE OF JUDGMENT ENTRY: March 7, 2011.


Attorney(s) appearing for the Case

BRADLEY ELLIOTT PRO SE, BECI, Box 540, St. Clairsville, OH 43950, for Relator.

KATHLEEN O. TATARSKY , Assistant Prosecuting Attorney, Appellate Section, Stark County Prosecutor's Office, 110 Central Plaza South, Ste. 510, Canton, OH 44702-1413, for Respondent.

W. Scott Gwin, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.


OPINION

GWIN, P.J.

{¶ 1} Relator, Bradley Elliott, has filed a Petition for Writ of Mandamus challenging the trial court's imposition of court costs without having considered Relator's ability to pay. Respondent has also filed an Answer as well as a motion to dismiss or motion for summary judgment.

{¶ 2} For a writ of mandamus to issue, the relator must have a clear legal right to the relief prayed for,...

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