State Ex Rel. Rodgers v. Cuyahoga County Court of Common Pleas

Matia, Chief Justice.

On October 28, 1992, relator Otis L. Rodgers, Sr. commenced this action against the respondent Cuyahoga County Court of Common Pleas to compel the court to rule upon his motion for return of property and declaratory judgment which he filed on September 8,1992. In support of his mandamus Rodgers relies upon R.C. 2701.02 and Knox v. Knox (1986), 26 Ohio App.3d 17, 26 OBR 186, 498 N.E.2d 236. Sua sponte, for the following reasons this court dismisses the above-captioned action.

First, the authorities which Rodgers cites are not controlling. R.C. 2701.02 does provide that when…