State ex rel. Nealey v. McAllister

Citations

• 2025 Ohio 1630

Syllabus

MANDAMUS - DISMISSAL - R.C. 2731.04: Dismissal of relator's petition for a writ of mandamus is appropriate because relator does not make any allegations against or seek relief from several of the named respondents and cannot show a clear legal right to the requested relief—disqualification of the trial court judge presiding over his adjudicated eviction case—since the exclusive remedy for seeking removal of a judge is to file an affidavit of disqualification with the Clerk of the Supreme Court of Ohio as directed by R.C. 2701.03. Additionally, relator failed to comply with R.C. 2731.04 because relator did not bring the instant petition in the name of the state on the relation of relator.