State ex rel. Forsyth v. Brigner

Forsyth asserts that the court of appeals erred in dismissing his mandamus action. For the reasons that follow, Forsyth’s claims are meritless.

Although mandamus and procedendo will issue in cases of a court’s undue delay in entering judgment, State ex rel. Dehler v. Sutula (1995), 74 Ohio St.3d 33, 35, 656 N.E.2d 332, 333, it is evident here that even assuming no express ruling on the pretrial motion, the trial court overruled Forsyth’s motion to have depositions filed when it entered its divorce decree. See State ex rel. The V Cos. v. Marshall (1998), 81 Ohio St.3d 467, 469, 692 N.E.2d 198,…