Legal Opinion

State ex rel. Porter v. Cleveland Department of Public Safety

Ohio Supreme Court

Decided December 30, 1998No. 98-1140PublishedCited by 12 opinions

1Per curiam

Porter asserts in his propositions of law that the court of appeals erred in dismissing his complaint for a writ of mandamus. For the reasons that follow, Porter’s claims lack merit.

First, as the court of appeals correctly held, appellees did not have a clear legal duty under R.C. 149.43 to transmit copies of the requested records to Porter in prison by mail or other means. State ex rel. Iacovone v. Kaminski (1998), 81 Ohio St.3d 189, 190, 690 N.E.2d 4, 5; State ex rel. Mayes v. Holman (1996), 76 Ohio St.3d 147, 149, 666 N.E.2d 1132, 1134.

Second, Porter waived his appellate claims concerning…

2Cases cited4 opinions

  1. State ex rel. Quarto Mining Co. v. ForemanOhio Supreme Court · 1997
  2. Goldberg v. Industrial CommissionOhio Supreme Court · 1936
  3. State ex rel. Mayes v. HolmanOhio Supreme Court · 1996
  4. State ex rel. Iacovone v. KaminskiOhio Supreme Court · 1998

3Cited by12 opinions

  1. State ex rel. Village of Chagrin Falls v. Geauga County Board of CommissionersOhio Supreme Court · 2002
  2. Brown v. LeonardOhio Supreme Court · 1999
  3. Strausbaugh v. Ohio Department of TransportationOhio Court of Appeals · 2002
  4. L.G. Harris Family Ltd. Partnership I v. 905 S. Main St. Englewood, L.L.C.Ohio Court of Appeals · 2016
  5. State ex rel. Sevayega v. ReisOhio Supreme Court · 2000

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