State v. Saffold, Unpublished Decision (8-18-2006)
State v. Saffold, Unpublished Decision (8-18-2006)
Opinion of the Court
{¶ 2} Respondent has filed a motion to dismiss, attached to which is a copy of a journal entry issued by respondent and received for filing by the clerk on March 6, 2006, in which respondent denies the motion to withdraw guilty plea and denies as moot the motion to strike brief and proceed to judgment. Relator has not opposed the motion. Respondent argues that this action in mandamus is, therefore, moot. We agree. See State exrel. Foster v. Berea Mun. Court, Cuyahoga App. No. 85495,
{¶ 3} Although Williams has attached to the complaint both an "Affidavit of Verity" and "Affidavit of Indigency," neither affidavit is sufficient. Williams' "Affidavit of Verity" merely states that the averments in the complaint are "true and correct to the best of my knowledge, belief and recollection." This affidavit does not comply with Loc.App.R. 45(B)(1)(a) which requires that the affidavit in support of the complaint must specify the details of the claim. State ex rel Bailey v.Mannen, Cuyahoga App. No. 86757,
{¶ 4} "* * * Additionally, relator `did not file an R.C.
{¶ 5} State ex rel. Bristow v. Sidoti (Dec. 1, 2000), Cuyahoga App. No. 78708, at 3-4. Likewise, in this action, relator has failed to support his complaint with the affidavit required by R.C.
{¶ 6} Accordingly, respondent's motion to dismiss is granted. 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).
Complaint dismissed.
Ann Dyke, A.J., concurs James J. Sweeney, J., concurs
Case-law data current through December 31, 2025. Source: CourtListener bulk data.