Johnson v. Torres-Lugo

Summary

The Ohio Eighth District Court of Appeals dismissed Stephen-E. Johnson’s mandamus complaint seeking to compel Judge Jazmin Torres-Lugo to rule on motions in a Cleveland Municipal Court criminal case. The court found that the complaint failed to comply with Civ.R. 10(A) and R.C. 2731.04, and that the requested relief was moot because the judge had already ruled on the motions.

Holdings

1. Failure to include the names and addresses of all parties in the caption of a mandamus complaint is sufficient grounds to deny or dismiss the requested writ.
2. A mandamus application that is not brought in the name of the state on the relation of the person applying may be dismissed.
3. Mandamus relief is unavailable when the respondent has already performed the duty the relator seeks to compel.

Questions Presented

1. Whether the mandamus complaint could proceed despite failing to include the parties' addresses in the caption as required by Civ.R. 10(A).
2. Whether the mandamus complaint could proceed despite not being brought in the name of the state on the relation of the person applying as required by R.C. 2731.04.
3. Whether the mandamus claim was moot because the respondent had already performed the requested duty.

Disposition

dismissed