STATE EX REL. BROWN. v. FRARY

No. 10 CA 144.

2011 Ohio 4531

State of Ohio, ex rel. Frank C. Brown, Jr., Relator, v. Linda H. Frary, Clerk of the Court of Common Pleas, Respondent.

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

DATE OF JUDGMENT ENTRY: September 6, 2011.


Attorney(s) appearing for the Case

FRANK C. BROWN, JR. , PRO SE, 1580 State Route 56, SW, Post Office Box 69, London, Ohio 43140-0069, for Relator.

JAMES J. MAYER , PROSECUTING ATTORNEY, 38 South Park Street, 2nd Floor, Mansfield, Ohio 44902, for Respondent.

Before: John W. Wise, P. J., Julie A. Edwards, J., Patricia A. Delaney, J.


OPINION

WISE, P. J.

{¶1} Relator, Frank Brown, has filed a Complaint for Writ of Mandamus alleging Respondent, Linda Frary, Clerk of the Richland County Common Pleas Court failed to provide public records upon request. Respondent Frary in turn filed a Motion to Dismiss which is being treated as a Motion for Summary Judgment pursuant to Civ.R. 12(B).

{¶2} "Mandamus is the appropriate remedy to compel compliance...

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