Fipps v. Day

Citations

• 2022 Ohio 3434

Syllabus

Mandamus, foreclosure, magistrate, Civ.R. 53, original complaint abandoned, amended complaint, Civ.R. 10(A), improper caption, adequate remedy in the ordinary course of the law, vain act. The relator's complaint for a writ of mandamus is defective because the relator failed to include the names and addresses of all parties in the caption as required by Civ.R. 10(A) and the complaint for mandamus was not brought in the name of the state on relation of the person applying for the writ of mandamus. The relator has also failed to establish that he is entitled to a writ of mandamus because a magistrate is authorized to determine any motion to regulate all proceedings. The relator also possessed adequate remedies at law but failed to employ the adequate remedies. Finally, mandamus will not issue if it requires a vain act.