Legal Opinion

State ex rel. Cossett v. Executive State Governors Federalism Summit

Ohio Supreme Court

Decided October 18, 1995No. 95-2065PublishedCited by 5 opinions

1Opinion of the Court

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law.

In State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559, 653 N.E.2d 371, this court held that, “[w]hile sua sponte dismissal of a complaint without notice is generally inappropriate, it is proper where the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. See State ex rel. Edwards v. Toledo City School Dist. Bd. of Edn. (1995), 72 Ohio St.3d 106, 108, 647 N.E.2d 799, 801, citing Baker…

2Cases cited4 opinions

  1. Dewey Baker v. Director, United States Parole CommissionCourt of Appeals for the D.C. Circuit · 1990
  2. State ex rel. Edwards v. Toledo City School District Board of EducationOhio Supreme Court · 1995
  3. Sylvia Evans, Administrator of the Estate of Andrew Evans v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1993
  4. State ex rel. Peeples v. AndersonOhio Supreme Court · 1995

3Cited by5 opinions

  1. State ex rel. Jones v. Garfield Heights Municipal CourtOhio Supreme Court · 1997
  2. State ex rel. Jones v. Garfield Hts. Mun. CourtOhio Supreme Court · 1997
  3. State ex rel. Kerr v. KelseyOhio Court of Appeals · 2019
  4. State ex rel. Davis v. GallagherOhio Court of Appeals · 2022
  5. State ex rel. Williamson v. ToledoOhio Court of Appeals · 2026

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