State ex rel. Hamilton v. Court of Appeals

Ohio Supreme Court October 8, 1969

State ex rel. Hamilton v. Court of Appeals, 20 Ohio St. 2d 4 (Ohio 1969)

251 N.E.2d 606; 49 Ohio Op. 2d 52; 1969 Ohio LEXIS 287

Corrigan, Duncan, Herbert, Matthias, Neill, Schneider, Tart

Opinion of the Court

Per Curiam.

This is an action in mandamus originating in this court, in which relator seeks to compel the Court of Appeals to pass upon his appeal.

The pleadings show that as of the time of the filing of the answer in this action relator’s case in the Court of Appeals was not yet at issue, due to relator’s failure to file his brief and assignments of error therein. There is no duty on the Court of Appeals to act until the case is at issue.

Writ denied.

Tart, C. J., Matthias, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.

Reference

Full Case Name: The State, ex rel. Hamilton v. Court of Appeals for Summit County
Status: Published