STATE EX REL. MITSEFF v. PARK

No. 2011CA00152.

2011 Ohio 5461

State of Ohio, ex rel. Denise C. Mitseff, Relator, v. Honorable Dixie N. Park, Respondent.

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

DATE OF JUDGMENT: October 24, 2011.


Attorney(s) appearing for the Case

G. IAN CRAWFORD , Courtyard Centre, Suite 800, 116 Cleveland Avenue N.W., Canton, OH 44702, for Relator.

JOHN D. FERRERO , Prosecutor, By: AMY A. SABINO , Assistant Prosecuting Attorney, 110 Central Plaza South, Suite 510, Canton, OH 4470, for Respondent.

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


OPINION

FARMER, J.

{¶1} Relator, Denise Mitseff, has filed a Complaint for Writ of Mandamus and/or Prohibition requesting this Court issue a writ requiring Respondent to accept a settlement agreement in the Stark County Probate Court and to prohibit Respondent from continue acting in the underlying probate court cases. Respondent has filed a motion to dismiss arguing she does not have a clear legal duty to accept the settlement agreement...

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