Brewer v. Cleveland Mun. School Dist., Unpublished Decision (6-4-2004)
Brewer v. Cleveland Mun. School Dist., Unpublished Decision (6-4-2004)
Opinion of the Court
{¶ 2} Brewer requests that this court compel respondents — the District and Thompson as well as respondent Barbara Byrd-Bennett, the District's Chief Executive Officer — to provide "access" to the records and to pay relator's attorney's fees. Complaint, ad damnum clause.
{¶ 3} The complaint manifests several defects.
"Moreover, the petition itself is defective because it isimproperly captioned. R.C.
{¶ 4} State ex rel. Morton v. Pokorny (Mar. 1, 2001), Cuyahoga App. No. 79187, at 3. The complaint in this action does not purport to be on relation of relator. Instead, the caption reads "Brewer v. Cleveland Municipal School District, et al." Likewise, in this action, there is no affidavit specifying the details of the claim.
{¶ 5} Accordingly, we dismiss this action sua sponte. Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
Writ dismissed.
Presiding Judge Kilbane, Concurs. Judge McMonagle, Concurs in Judgment Only.
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