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State ex rel Lesko v. Court Of Common Pleas Cuyahoga County

April 15, 1999

STATE OF OHIO, EX REL. JOHN LESKO RELATOR
v.
COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RESPONDENT



The opinion of the court was delivered by: James M. Porter, A.J.

PETITION FOR WRIT OF MANDAMUS MOTION NO. 4934

JOURNAL ENTRY AND OPINION

JUDGMENT WRIT DISMISSED.

On March 22, 1999, the relator, John Lesko, commenced this mandamus action. In the caption of his complaint he lists Cuyahoga Common Pleas as the respondent. However, in the text of his petition he alleges that on December 28, 1998, he appeared before the Garfield Heights Municipal Court which fined him $324.00 for an unspecified offense. He then states that he had open heart surgery on December 9, 1998, and that his doctor ordered him not to work until February 28, 1999. He then avers that he is indigent, that he has five children to support, that he is in debt because of the heart surgery, and that he had filed a motion to dismiss which was overruled on February 1, 1999.

Attached to his complaint are the following: (1) A copy of a letter, dated February 1, 1999, from the Garfield Heights Municipal Court stating In reply to your `Motion to Dismiss Fines and Costs', please be advised that your motion has been overruled. However, you have been granted and extension to pay, to March 29, 1999. ; (2) A note on Cleveland Clinic Foundation letterhead, stating that Mr. Lesko had undergone heart surgery on December 9, 1998, and may return to work on February 28, 1999; and (3) a copy of an Extended payment of fine agreement from the Garfield Heights Municipal Court in Case No. 98CRB01891, in which Mr. Lesko agreed to pay the fine of $250.00 and court costs of $74.00 by February 2, 1999. There ...


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