State ex rel. Weiss v. Hoover

Pursuant to S.Ct.Prac.R. X(5), we must determine whether dismissal, an alternative writ, or a peremptory writ is appropriate. Under the applicable standard, if it appears beyond doubt that relator is entitled to the requested extraordinary relief, a peremptory writ should issue. State ex rel. Dist. 1199, Health Care & Soc. Serv. Union, SEIU, AFL-CIO v. Lawrence Cty. Gen. Hosp. (1998), 83 Ohio St.3d 351, 353, 699 N.E.2d 1281, 1282.

Weiss claims that he is entitled to a writ of procedendo. In order to be entitled to a writ of procedendo, Weiss must establish a clear legal right to require *532respond…