ALLEN v. VINSEL

No. CT11-0043.

2011 Ohio 5192

John Dale Allen, Petitioner, v. Jay F. Vinsel, Respondent.

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

DATE OF JUDGMENT ENTRY: September 30, 2011.


Attorney(s) appearing for the Case

JOHN DALE ALLEN , Pro Se, 28 N. 4th Street, SB4, Zanesville, OH 43701, for Petitioner.

D. MICHAEL HADDOX , Prosecuting Attorney, By: WALTER K. CHESS, JR. , Assistant Prosecuting Attorney, Muskingum County, OH, 27 N. 5th Street, Suite 201, P. O. Box 189, Zanesville, OH 43702-0189, for Respondent.

Before: William B. Hoffman, P.J., Sheila G. Farmer, J., John W. Wise, J.


OPINION

FARMER, J.

{¶1} Petitioner, John Dale Allen, has filed a Petition for Writ of Quo Warranto against Respondent Judge Jay F. Vinsel requesting a writ be granted ousting Respondent from his position as a judge in the Muskingum County Court of Common Pleas. Petitioner claims Respondent's oath of office has expired.

{¶2} For a writ of quo warranto to issue, "a relator must establish (1) that the office is being...

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