2019 Ohio 3134
Ohio Ct. App.2019Background
- Relator Ian Davis, pro se, sought a writ of mandamus to compel Judge Thomas Janas to vacate a nunc pro tunc entry filed September 9, 1999, in Lorain C.P. No. 93CR043666.
- Judge Janas moved to dismiss; Davis filed a response (timely granted after motion for extension).
- Davis alleged the 1999 nunc pro tunc entry was an abuse of discretion and requested the court order it vacated.
- The court evaluated the mandamus standards: clear legal right, corresponding duty, and lack of an adequate alternative remedy.
- The court treated the complaint under Civ.R. 12(B)(6) standards and determined appeal (or leave to appeal) provides an adequate remedy in the ordinary course of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus can be used to vacate the 1999 nunc pro tunc entry | Davis: Judge Janas abused discretion; mandamus should compel vacation | Janas: Mandamus is improper because adequate remedies (appeal) exist | Denied — mandamus unavailable; appeal or leave to appeal is the adequate remedy |
| Whether the complaint states a claim for mandamus under Civ.R. 12(B)(6) | Davis: Factual allegations entitle him to relief | Janas: Even assuming facts true, Davis cannot show lack of adequate remedy | Granted — dismissal proper under 12(B)(6) because relator has adequate remedies |
Key Cases Cited
- State ex rel. Serv. Emp. Internatl. Union, Dist. 925 v. State Emp. Relations Bd., 81 Ohio St.3d 173 (mandamus elements: clear right, duty, and lack of adequate remedy)
- State ex rel. Russell v. Thornton, 111 Ohio St.3d 409 (12(B)(6) dismissal standard for mandamus actions)
- State ex rel. Richfield v. Laria, 138 Ohio St.3d 168 (mandamus cannot substitute for appeal)
- State ex rel. Caskey v. Gano, 135 Ohio St.3d 175 (appeal is ordinarily an adequate remedy)
- State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451 (availability of appeal controls despite delay/inconvenience)
- State ex rel. Zupancic v. Limbach, 58 Ohio St.3d 130 (discussion on mandamus vs. appeal remedies)
- State ex rel. Plant v. Cosgrove, 119 Ohio St.3d 264 (relator could have raised claims on appeal)