No. 93-839 | Ohio | Oct 20, 1993
Lead Opinion
We have held that the Civ.R. 12(B)(6) motion to dismiss is not appropriate for resolving writ cases on the merits. State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs. (1992), 65 Ohio St. 3d 545" date_filed="1992-12-30" court="Ohio" case_name="State Ex Rel. Hanson v. Guernsey County Board of Commissioners">65 Ohio St.3d 545, 605 N.E.2d 378. Nevertheless, on independent review of the merits, we find that Nelson, supra, is determinative and that appellee had no duty to mail any public records or copies thereof to appellant.
The judgment of the court of appeals is affirmed.
Judgment affirmed.
Dissenting Opinion
dissenting. For the reasons stated in my dissent in State ex rel. Lawhom v. White (1993), 67 Ohio St. 3d 158" date_filed="1993-08-18" court="Ohio" case_name="State ex rel. Lawhorn v. White">67 Ohio St.3d 158, 159, 616 N.E.2d 888, 889, I would require the Akron Chief of Police to make available to Cheren all the requested records. Since Cheren is in prison, I would also hold that the police chief has the duty to mail Cheren those records, for the reasons stated in Justice Wright’s dissent in State ex rel. Nelson v. Fuerst (1993), 66 Ohio St.3d 47, 49, 607 N.E.2d 836, 838.