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State ex Rel. Rashada v. Pianka

Supreme Court of Ohio
Dec 20, 2006
2006 Ohio 6366 (Ohio 2006)

Summary

concluding that mandamus would not issue to compel a specific judgment on the merits of a counterclaim

Summary of this case from S.C. v. T. H.

Opinion

No. 2006-1055.

Submitted October 17, 2006.

Decided December 20, 2006.

APPEAL from the Court of Appeals for Cuyahoga County, No. 87450, 2006-Ohio-2584.

Hanan S. Rashada, pro se.

Robert J. Triozzi, Cleveland Director of Law, and Joseph G. Hajjar, Assistant Director of Law, for appellee.


{¶ 1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus to compel a municipal court judge to enter a specific judgment. Because the complaint fails to state a potentially viable mandamus claim, we affirm.

{¶ 2} In Rashada's appeal as of right, Rashada asserts that the court of appeals erred in dismissing her mandamus claim. Dismissal for failure to state a claim upon which relief can be granted is appropriate if, after all factual allegations are presumed true and all reasonable inferences are made in Rashada's favor, it appears beyond doubt that she could prove no set of facts warranting the requested extraordinary relief in mandamus. See, e.g., State ex rel. Talwar v. State Med. Bd. of Ohio, 104 Ohio St.3d 290, 2004-Ohio-6410, 819 N.E.2d 654, ¶ 5.

{¶ 3} This standard was satisfied here because mandamus will not lie to control judicial discretion, even if that discretion is abused. See, e.g., State ex rel. Natl. City Bank v. Moloney, 103 Ohio St.3d 93, 2004-Ohio-4437, 814 N.E.2d 58, ¶ 11; R.C. 2731.03. Consequently, mandamus will not issue to compel Judge Pianka to enter a specific judgment on Rashada's underlying counterclaim. Nor is extraordinary relief available to challenge Judge Pianka's discretionary rulings in that case. Berthelot v. Dezso (1999), 86 Ohio St.3d 257, 259, 714 N.E.2d 888 ("given the discretionary authority vested in Judge Dezso in discovery matters * * *, an extraordinary writ will not issue to control her judicial discretion, even if that discretion is abused").

{¶ 4} Moreover, Rashada had an adequate remedy at law by appeal to challenge Judge Pianka's rulings on her counterclaim in the municipal court case. "Mandamus will not issue if there is a plain and adequate remedy in the ordinary course of law." State ex rel. Mackey v. Blackwell, 106 Ohio St.3d 261, 2005-Ohio-4789, 834 N.E.2d 346, ¶ 21; R.C. 2731.05.

{¶ 5} Therefore, Rashada's complaint failed to state a potentially viable mandamus claim, and the court of appeals correctly dismissed it. Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.


Summaries of

State ex Rel. Rashada v. Pianka

Supreme Court of Ohio
Dec 20, 2006
2006 Ohio 6366 (Ohio 2006)

concluding that mandamus would not issue to compel a specific judgment on the merits of a counterclaim

Summary of this case from S.C. v. T. H.
Case details for

State ex Rel. Rashada v. Pianka

Case Details

Full title:THE STATE EX REL. RASHADA, APPELLANT, v. PIANKA, JUDGE, APPELLEE

Court:Supreme Court of Ohio

Date published: Dec 20, 2006

Citations

2006 Ohio 6366 (Ohio 2006)
2006 Ohio 6366
857 N.E.2d 1220

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