Nelson v. Tubbs Jones

James D. Sweeney, Judge.

Plaintiff-appellant Carl A. Nelson, Sr., appeals from the trial court granting a motion to dismiss filed by defendants-appellees Stephanie Tubbs Jones (in her official capacity of Cuyahoga County Prosecuting Attorney) and Gerald Fuerst (in his official capacity of Cuyahoga County Clerk of Courts) in this declaratory judgment action. For the reasons adduced below, we reverse the judgment and remand the matter for further proceedings.

A review of the record on appeal indicates that Nelson’s complaint, filed on May 31, 1994, sought access to allegedly public records in the…