Ohio Supreme Court, 1998

State ex rel. Burnes v. Athens County Clerk of Courts

Ohio Supreme Court · Decided November 10, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

83 Ohio St. 3d 523

Cases that cite this one

57 later published cases cite this decision. The 25 that cite it most often are listed here.

McLemore v. Clinton Cty. Sheiff's Office (Ohio Ct. App. 2023)
WWSD, L.L.C. v. Woods (Ohio Ct. App. 2022)
In re Cicchella (Ohio Ct. App. 2014)
State ex rel. McQueen v. Cuyahoga Cty. Court of Common Pleas, Probate Div. (Ohio 2013)
State Ex Rel. Rogers v. Elbert (Ohio Ct. App. 2008)
Crown Credit Co. v. Bushman (Ohio Ct. App. 2007)
Smith v. Jones (Ohio Ct. App. 2007)
Jacobson v. Summit Cty. Children Servs. Bd., 23444 (4-18-2007) (Ohio Ct. App. 2007)
Howe v. Henry County Board of Commissioners (Ohio Ct. App. 2006)
Westfield National Insurance v. Farmers Insurance Exchange (Ohio Ct. App. 2006)
Interstate Properties v. Prasanna, Inc., Unpublished Decision (5-31-2006) (Ohio Ct. App. 2006)
Carroll v. Dairy Farmers of Am., Unpublished Decision (2-22-2005) (Ohio Ct. App. 2005)
Taylor v. Mathys, Unpublished Decision (1-18-2005) (Ohio Ct. App. 2005)
Headings v. Ranco, Inc., Unpublished Decision (3-14-2005) (Ohio Ct. App. 2005)
First Fed. Bank of Ohio v. Angelini (Ohio Ct. App. 2005)
Below v. Dollar General Corp. (Ohio Ct. App. 2005)
Saum v. Kelly, Unpublished Decision (6-13-2005) (Ohio Ct. App. 2005)
Bolt v. Yamaha Motor Corp., U.S.A., Unpublished Decision (3-15-2004) (Ohio Ct. App. 2004)
Wfm Acquisitions v. Sekermestrovich, Unpublished Decision (3-17-2004) (Ohio Ct. App. 2004)
Coolidge v. Riegle, Unpublished Decision (1-29-2004) (Ohio Ct. App. 2004)
Trammell v. McDonald, Unpublished Decision (9-13-2004) (Ohio Ct. App. 2004)
Fifth Third Bank v. Roberts, Unpublished Decision (12-6-2004) (Ohio Ct. App. 2004)
Tucker v. Intern'l Soap Box Derby, Inc., Unpublished Decision (10-15-2003) (Ohio Ct. App. 2003)
Reppl v. Jones, Unpublished Decision (5-7-2003) (Ohio Ct. App. 2003)
Flowers v. Ohio Mutual Insurance Group, Unpublished Decision (1-31-2003) (Ohio Ct.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.

Burnes asserts that the court of appeals erred in its various rulings. For the reasons that follow, however, Burnes’s contentions lack merit.

First, the court of appeals properly denied the writ. When a motion for summary judgment is made and supported as provided in Civ.R. 56, the nonmoving party may not rest on the mere allegations of her pleading, but her response, by affidavit or as otherwise provided in Civ.R. 56, must set forth specific facts showing the existence of a genuine triable issue. Mootispaw v. Eckstein (1996), 76 Ohio St.3d 383, 385, 667 N.E.2d 1197, 1199; Civ.R. 56(E). The clerk supported her summary judgment motion with an affidavit, which established that all of Burnes’s documents were properly docketed and filed. Burnes rested on the mere allegations of her complaint, and she failed to file Civ.R. 56 evidence setting forth specific, material facts supporting her claimed entitlement to extraordinary relief in mandamus.

Second, Burnes’s request for reconsideration was a nullity because her mandamus action was an original action filed in the court of appeals, thus rendering App.R. 26(A) inapplicable. State ex rel. Clark v. Lile (1997), 80 Ohio St.3d 220, 221, 685 N.E.2d 535, 536; State ex rel. Pajestka v. Faulhaber (1977), 50 Ohio St.2d 41, 42, 4 O.O.3d 113, 113-114, 362 N.E.2d 263, 263-264.

Finally, unlike criminal litigation, there is no general right of counsel in civil litigation. See, generally, State ex rel. Jenkins v. Stern (1987), 33 Ohio St.3d 108, 110, 515 N.E.2d 928, 930-931. Burnes has also not specified any pertinent statute or rule entitling her to appointed counsel in this appeal. See State ex rel. Karmasu v. Tate (1992), 83 Ohio App.3d 199, 206-207, 614 N.E.2d 827, 832; cf. State ex rel. Asberry v. Payne (1998), 82 Ohio St.3d 44, 693 N.E.2d 794.

*525Based on the foregoing, we affirm the judgment of the court of appeals.1

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

. We deny Burnes’s motion for “restraint and injunction” to prevent the clerk from “invading [her] privacy.” We lack jurisdiction to issue relief in the nature of a prohibitory injunction. State ex rel. Lanham v. Ohio Adult Parole Auth. (1997), 80 Ohio St.3d 425, 426, 687 N.E.2d 283, 284.

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