Opinion
No. 82-1318
Decided July 13, 1983.
Appellate procedure — Mandamus to compel clerk of courts to file complete transcript for appeal — Writ denied — Relator fails to avail himself of procedure for correction or modification of trial court record — App. R. 9(E).
APPEAL from the Court of Appeals for Pickaway County.
This is an appeal as of right from the dismissal of appellant's complaint for a writ of mandamus by the court of appeals.
After relator-appellant, Jack E. Ellison, was convicted in the Court of Common Pleas of Pickaway County of aggravated burglary and grand theft, his counsel timely filed a notice of appeal. A transcript of the trial proceedings was subsequently transmitted to the court of appeals and counsel for both parties filed briefs.
Appellant then, pro se, filed this mandamus action in the court of appeals alleging that the respondent-appellee, Sara M. Dresbach, Clerk of Courts for the Court of Common Pleas, had failed to provide him with a complete transcript. The court of appeals dismissed the complaint for failure to state a claim.
Mr. Jack E. Ellison, pro se. Mr. Roger L. Kline, prosecuting attorney, for appellee.
App. R. 9(E) provides the procedure for the correction or modification of a trial court record. If there is a material omission or misstatement, then the issue may be resolved by either the trial court, the court of appeals, or by stipulation of the parties.
The materials submitted by appellant to this court do not reflect that he attempted to use the procedure provided in the Rules of Appellate Procedure, nor do they indicate that any specific part of the record allegedly omitted was brought to the attention of the court of appeals so as to afford a basis for legitimate inquiry.
Appellant, having failed to show that he is entitled to the relief requested, the judgment of the court of appeals dismissing appellant's complaint is affirmed.
Judgment affirmed.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES, C. BROWN and J.P. CELEBREZZE, JJ., concur.