Ohio Supreme Court, 1991

Myles v. Wyatt

Ohio Supreme Court · Decided December 11, 1991 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

62 Ohio St. 3d 191; 580 N.E.2d 1080; 1991 Ohio LEXIS 2862

Cases that cite this one

13 later published cases cite this decision.

State v. Buehler (Ohio Ct. App. 2018)
Dunning v. Cleary, Unpublished Decision (1-11-2001) (Ohio Ct. App. 2001)
State ex rel. Simms v. Sutula (Ohio 1998)
State ex rel. Thomas v. Ghee (Ohio 1998)
State ex rel. Brantley v. Ghee (Ohio 1998)
State ex rel. Brantley v. Ghee (Ohio 1998)
State ex rel. Thomas v. Ghee (Ohio 1998)
State ex rel. Simms v. Sutula (Ohio 1998)
State ex rel. Pough v. McKay (Ohio Ct. App. 2015)
Jackson v. Ohio Adult Probation Department, Unpublished Decision (7-29-2004) (Ohio Ct. App. 2004)
State v. Horton, Unpublished Decision (5-29-2003) (Ohio Ct. App. 2003)
State Ex Rel. Rittner v. Lucas Cty. Prob., Unpublished Decision (1-8-2003) (Ohio Ct. App. 2003)
State v. Klein, Unpublished Decision (3-10-2003) (Ohio Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Relator-appellant, James Myles, Jr., filed a “Motion for a Writ of Mandamus” in the Court of Appeals for Stark County on March 4, 1991. The court of appeals overruled the motion pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) for lack of a proper complaint. We agree. R.C. 2731.04 states that “[application for the writ of mandamus must be by petition * * *.” Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.