State ex rel. Fuqua v. Alexander

Fuqua asserts that the court of appeals erred in dismissing his mandamus action. The court of appeals granted Alexander’s Civ.R. 12(B)(6) motion when it dismissed Fuqua’s complaint. In order to dismiss a complaint for failure to state a claim upon which relief can be granted under Civ.R. 12(B)(6), it must appear beyond doubt that relator can prove no set of facts warranting relief, after all factual allegations of the complaint are presumed true and all reasonable inferences are made in relator’s favor. State ex rel. Seikbert v. Wilkinson (1994), 69 Ohio St.3d 489, 490, 633 N.E.2d 1128, 1129.

T…