State ex rel. Horwitz v. Court of Common Pleas

On August 25, 1992, we issued, sua sponte, an alternative writ ordering respondents to show cause by September 14, 1992 why the writ of mandamus should not issue and staying the August 27 hearing. In its answer, Conro urged us to issue the writ. Judge Corrigan and the probate court moved for dismissal of the complaint pursuant to Civ.R. 12(B)(6) (failure to state a claim for relief) or, in the alternative, for summary judgment pursuant to Civ.R. 56. Cleveland also moved to dismiss the complaint. For the reasons that follow, we overrule these motions and grant the writ of mandamus.

*325 Motions to…