State Ex Rel. Avery v. Union County Court of Common Pleas

Ohio Supreme Court

Apr 7, 2010

2009-2346

Versions:2010 Ohio 1427

125 Ohio St. 3d 35

925 N.E.2d 969

John G. Slauson, Rosemary D. Welsh, and Dimity V. Orlet, for relator.

John J. Mueller, L.L.C., and John J. Mueller, for respondent.

(Submitted March 31, 2010—Decided April 7, 2010.)

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Edward B. Avery Sr., for a writ of mandamus to compel appellee, Union County Court of Common Pleas, to grant his pending motion by causing his sentencing entry to “speak the truth.” “[M]andamus will not lie to control judicial discretion, even if that discretion is abused.” State ex rel. Dreamer v. Mason, 115 Ohio St.3d 190, 2007-Ohio-4789, 874 N.E.2d 510, ¶ 12. Therefore, mandamus will not issue to compel the common pleas court to enter a specific judgment on Avery‘s pending motion. State ex rel. Rashada v. Pianka, 112 Ohio St.3d 44, 2006-Ohio-6366, 857 N.E.2d 1220, ¶ 3.

Judgment affirmed.

MOYER, C.J.,¹ and PFEIFER, LUNDBERG STRATTON, O‘CONNOR, O‘DONNELL, LANZINGER, and CUPP, JJ., concur.

Edward B. Avery Sr., pro se.

(Submitted January 13, 2010—Decided April 12, 2010.)

Per Curiam.

{¶ 1} Respondent, Charles Mark Kiesling, Attorney Registration No. 0019576, whose last registered address is in Columbus, was admitted to the practice of law in Ohio in 1980.

{¶ 2} From July 2007 through May 2009, relator, Columbus Bar Association, received eight grievances against respondent. Relator‘s original complaint encompassed three counts arising from a grievance filed by a client regarding respondent‘s neglect of an estate, refusal to return business records, and failure to advise the client to file city income tax returns, and a fourth count regarding respondent‘s conviction for unlawful accounting practices.

{¶ 3} In January 2009, relator amended its complaint, adding four additional counts: one arising from a grievance filed by a second client alleging comming-¹

Notes

The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death. The late Chief Justice Thomas J. Moyer participated in the deliberations in, and the final resolution of, this case prior to his death.