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STATE EX REL. ROTHE v. BERENS

No. 2011-CA-62.

2012 Ohio 1804

STATE OF OHIO, EX REL KRISTOPHER ROTHE, Relator, v. JUDGE RICHARD E. BERENS, COMMON PLEAS COURT JUDGE, Respondent.

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

April 23, 2012.

Attorney(s) appearing for the Case

MARK J. MILLER , SHAW & MILLER, 555 City Park Avenue, Columbus, OH 43215, for Relator.

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

OPINION

GWIN, J.

{¶ 1} Relator, Kristopher Rothe, has filed an Application/Petition for Writ of Mandamus requesting this Court issue a writ which would require Respondent to "properly dispose of count six of the indictment . . . and make the order final and appealable." Additionally, Relator has filed a motion for default judgment. Respondent has not filed an answer to the complaint nor any response to the motion for default judgment.<...

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