State Ex Rel. Appenzeller v. Mitrovich, 2007-L-125 (11-16-2007)

OPINION

{¶ 1} This action in mandamus is presently before this court for consideration of the motion to dismiss of respondent, Judge Paul H. Mitrovich of the Lake County Court of Common Pleas. As the primary basis for his motion, respondent maintains that the petition of relator, Russell E. Appenzeller, fails to state a viable claim for a writ because his factual allegations support the conclusion that there is an alternative legal remedy he could pursue to resolve the underlying dispute. For the following reasons, we hold that the motion to dismiss is well-taken.

{¶ 2} The subject matter of…