State ex rel. Coulverson v. Ohio Adult Parole Authority

In this appeal, Coulverson contends that the court of appeals erred in denying a continuance and granting summary judgment. We affirm.

Coulverson asked for a continuance under Civ.R. 56(F) for the purpose of conducting discovery in this mandamus action, but the court of appeals refused. Coulverson assigns this refusal as error. However, Coulverson did not submit a valid affidavit for the court to consider under Civ.R. 56(F). His “affidavit” is not sworn before anyone authorized to give oaths. It is void. Thus, the court of appeals could not act under Civ.R. 56(F).

We turn to the propriety of…