State Ex Rel. Williams v. Fankhauser, Unpublished Decision (3-10-2006)

PER CURIAM OPINION

{¶ 1} This action in mandamus is presently before this court for consideration of the motion to dismiss of respondent, Linda Fankhauser, the Clerk of Courts for Portage County, Ohio. As the primary basis for her motion, respondent asserts that the petition of relator, Peter M. Williams, fails to state a viable claim for the writ because his factual allegations support the conclusion that she does not have a legal duty to accept for filing a surety bond which he is attempting to submit to her. For the following reasons, we hold that the motion to dismiss has merit.

{¶ 2} The…