State ex rel. Neer v. Industrial Commission

Appellant is actually seeking a declaratory judgment, since the Court of Appeals has no basis for issuing the mandamus order requested unless it makes a determination that R. C. 4123.68 (X) is unconstitutional.

This court stated in State, ex rel. Foreman, v. Bellefontaine Municipal Court (1967), 12 Ohio St. 2d 26, at page 28, as follows:

“Statutes which create a declaratory judgment procedure do not extend the jurisdiction of the subject matter of a court but rather extend the power of the court to grant declaratory relief within its respective jurisdiction. In other words, declaratory judgment…