In the case of State ex rel. Ware v. Byrd, 2021-Ohio-4432, the Eighth District Court of Appeals denied an inmate’s (“Realtor”) petition for writ of mandamus to compel the Cuyahoga County Clerk of Courts and Cuyahoga County Clerk of Courts office (“Respondents”) to produce certain administrative and court records.
Here, the Realtor argued that the Respondents violated the Ohio Public Records Act and applicable laws for failing to timely respond to the public records request. The Respondents filed a motion for summary judgment, arguing that the claim was moot because the records had been provided and further arguing that the complaint was procedurally defective.
The Court of Appeals reasoned that the records constituted court records governed by the Ohio Rules of Superintendence. The Court further reasoned that the Realtor, as an incarcerated individual, failed to comply with the applicable statute when initiating an action against a government employee. As such, the Court found that this deficiency could not be cured in a later filing or amendment to the Relator’s complaint.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.