Beverly v. Clancy

Citations

• 2021 Ohio 3104

Syllabus

Mandamus, Civ.R. 12(B)(6) - failure to state a claim upon which relief can be granted, improper caption, R.C. 2731.04 - complaint for mandamus must be brought in the name of the state on relation of the applying person, Civ.R. 10(A) - complaint fails to contain addresses of all parties. The relator's complaint for a writ of mandamus fails to state a claim upon which relief can be granted and is dismissed pursuant to Civ.R. 12(B)(6). In addition, the caption of the complaint for mandamus fails to comply with R.C. 2731.04 that requires a complaint for mandamus must be brought in the name of the state on relation of the applying person. Finally, the complaint for mandamus fails to include the addresses of all parties as required by Civ.R. 10(A).