State Ex Rel. Gopalakrishna v. Russo, 89935 (6-4-2007)
State Ex Rel. Gopalakrishna v. Russo, 89935 (6-4-2007)
Opinion of the Court
{¶ 2} On April 27, 2007, relators filed a "notice of potential trial conflict and motion to continue trial." On April 30, 2007, respondent denied that motion. On May 7, relators sought reconsideration of that ruling and, on May 9, respondent denied the motion to reconsider.
{¶ 3} Relators request that this court compel respondent judge "to immediately enter an Order granting the Notice of Trial Conflict and Motion to Continue Trial of Relators" in Peffer. Complaint, ad damnum clause. For the reasons stated below, we dismiss this action.
{¶ 4} It is well-established that "[t]he determination whether to grant a continuance is entrusted to the broad discretion of the trial court. State v. Unger (1981),
{¶ 5} We also note that the affidavit filed in support of the complaint by relators' counsel merely states that he is their counsel inPeffer and that "the information contained [in the complaint in mandamus] is true and correct to the best of my knowledge." Farchione Affidavit, ¶ 4. "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,
{¶ 6} Accordingly, we dismiss relators' complaint sua sponte. Relators 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.
FRANK D. CELEBREZZE, JR., A.J., and *Page 5 ANN DYKE, J., CONCUR.
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