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State ex rel. Lemley v. Mills

Court of Appeals of Ohio, Fifth District

September 9, 2013

STATE OF OHIO, EX REL., ROGER W. LEMLEY Relator
v.
VANESSA MILLS Respondent

Writ of Mandamus

For Relator ROGER W. LEMLEY PRO SE

For Respondent CHARLES S. HOWLAND PROSECUTING ATTORNEY

Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, P. J.

(¶1} Relator, Roger W. Lemley, has filed a complaint for writ of mandamus against Respondent, Vanessa Mills, who is the clerk of the Morrow County Court of Common Pleas.

(¶2} This cause of action arises out of public records requests made by Relator to Respondent for a copy of "Judgment Entry of Appellate case No. 2006CA0004 in the Fifth District Court of Appeals."

(¶3} Respondent has filed a motion to dismiss stating that the requested record has been provided to Relator. Relator has not responded to the motion to dismiss.

(¶4} "Mandamus is the appropriate remedy to compel compliance with R.C. 149.43, Ohio's Public Records Act." State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288, 2006-Ohio-903, 843 N.E.2d 174, ¶ 6; R.C. 149.43(C).

(¶5} The Supreme Court has held, "In general, providing the requested records to the relator in a public-records mandamus case renders the mandamus claim moot." State ex rel. Toledo Blade Co. v. Toledo-Lucas Cty. Port Auth., 121 Ohio St.3d 537, 2009-Ohio-1767, 905 N.E.2d 1221, ¶ 14.

(¶6} Because Relator has been provided the requested records, the instant complaint is moot. For this reason, the motion to dismiss is granted.

Wise, P.J, Delaney, J., and Baldwin, J., concur

JUDGMENT ENTRY

For the reasons stated in our accompanying Memorandum-Opinion, the instant complaint is moot. For this reason, the motion to ...


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