Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State ex rel. Figueroa v. Ohio Department of Commerce

Court of Appeals of Ohio, Tenth District

December 17, 2019

State ex rel. Gerardo Luis Figueroa, Relator,
v.
Ohio Department of Commerce, Division of Real Estate & Professional Licensing, Respondent.

         IN MANDAMUS

         On brief:

          Madison & Rosan, LLP, and Walter J. McNamara, IV, for relator.

          On brief: Dave Yost, Attorney General, and Lydia Arko Zigler, for respondent.

          DECISION

          BEATTY BLUNT, J.

         {¶ 1} Relator, Gerardo Luis Figueroa, has filed this original action requesting this court issue a writ of mandamus ordering respondent Ohio Department of Commerce, Division of Real Estate & Professional Licensing ("division") to convene an informal mediation pursuant to R.C. 4735.051(B) in connection with a complaint against Figueroa filed with the division.

         {¶ 2} Pursuant to Civ.R. 53 and Loc.R. 13(M) of the Tenth District Court of Appeals, this matter was referred to a magistrate who considered the action on its merits and issued a decision, including findings of fact and conclusions of law, which is appended hereto. The magistrate concluded Figueroa did not demonstrate that the division has a clear legal duty to provide an opportunity for informal mediation pursuant to R.C. 4735.051 in this case, and Figueroa has no clear legal right to such mediation. Accordingly, the magistrate recommended this court deny Figueroa's request for a writ of mandamus.

         {¶ 3} No objections have been filed to the magistrate's decision.

         {¶ 4} We have found no error in the magistrate's finding of fact or conclusions of law. However, we modify the magistrate's decision in one respect. In the magistrate's "Finding of Fact" No. 8, the magistrate misstates that "[p]ursuant to R.C. 4735.051(B), requests for informal mediation by both the complainant and licensee were due ten business days thereafter * * *." The correct section of the statute to which the magistrate refers is R.C. 4735.051(A), and we therefore modify that portion of the sentence of paragraph 8 under "Finding of Fact" No. 8 to state "R.C. 4735.051(A)."

         {¶ 5} Therefore, we adopt the magistrate's decision as our own, including the findings of fact as modified herein and the conclusions of law therein, and conclude that Figueroa failed to demonstrate he had a clear legal right to an informal mediation pursuant to R.C. 4735.051. In accordance with the magistrate's decision, the requested writ of mandamus is denied.

         Writ of mandamus denied.

          BRUNNER and NELSON, JJ., concur.

         APPENDIX

         Rendered on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.