State ex rel. Shimola v. City of Cleveland

Pursuant to former S.Ct.Prac.R. VIII, Section 1, now S.Ct. Prac.R. X, Section 2, mandamus actions filed originally in this court “shall proceed as any civil action under the Ohio Rules of Civil Procedure.” See, also, R.C. 2731.09. When appropriate, a Civ.R. 55 default judgment may be entered in a mandamus action. State ex rel. Spirko v. Court of Appeals (1986), 27 Ohio St.3d 13, 27 OBR 432, 501 N.E.2d 625. “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall…