State ex rel. Board of Education v. City of Youngstown

Under S.Ct.Prac.R. X(5), after the time for filing an answer to the complaint or motion to dismiss, we will either dismiss the case or issue an alternative or peremptory writ. If it appears beyond doubt that the board is entitled to the requested extraordinary relief, a peremptory writ should issue. State ex rel. Findlay Publishing Co. v. Schroeder (1996), 76 Ohio St.3d 580, 583, 669 N.E.2d 835, 839.

The board essentially requests a default judgment granting a peremptory writ of mandamus because of the board’s failure to file a timely response to the mandamus complaint. When appropriate, a…