Ohio Supreme Court, 1999

State ex rel. Warren v. Warner

Ohio Supreme Court · Decided February 10, 1999 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

84 Ohio St. 3d 432; 704 N.E.2d 1228

Cases that cite this one

22 later published cases cite this decision.

Warchol v. Superintendent of Washington Local School Dist. (Ohio Ct. Cl. 2022)
State ex rel. Cincinnati Enquirer, Div. of Gannett Satellite Info. Network, Inc. v. Dupuis (Ohio 2002)
Schaffer v. Ohio State Univ. (Ohio Ct. Cl. 2025)
Portsmouth Daily Times v. New Boston (Ohio Ct. Cl. 2021)
Townsend v. Cuyahoga Cty. Pros. (Ohio Ct. Cl. 2019)
State ex rel. Morabito v. Cleveland (Ohio Ct. App. 2012)
State ex rel. A.F. Krainz Co., L.L.C. v. Jackson (Ohio Ct. App. 2012)
State Ex Rel. Carr v. City of Akron (Ohio 2006)
State ex rel. WBNS TV, Inc. v. Dues (Ohio 2004)
State ex rel. Taylor v. Leffler (Ohio 2000)
State ex rel. Sevayega v. Reis (Ohio 2000)
State ex rel. Ohio Patrolmen's Benevolent Ass'n v. City of Mentor (Ohio 2000)
State ex rel. Ohio Patrolmen's Benevolent Assn. v. Mentor (Ohio 2000)
State ex rel. Sevayega v. Reis (Ohio 2000)
State ex rel. Taylor v. Leffler (Ohio 2000)
State ex rel. Taxpayers Coalition v. City of Lakewood (Ohio 1999)
State ex rel. Taxpayers Coalition v. Lakewood (Ohio 1999)
Gantler v. Trumbull Cty. Aud. (Ohio Ct. Cl. 2024)
Hall v. State, 2008-T-0073 (1-30-2009) (Ohio Ct. App. 2009)
State v. Gibson, 06ca37 (12-28-2007) (Ohio Ct. App. 2007)
Breeden v. Mitrovich, Unpublished Decision (10-27-2005) (Ohio Ct. App. 2005)
Becker v. Ohio State Highway Patrol, Unpublished Decision (3-25-2003) (Ohio Ct.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.

Warren asserts that the court of appeals erred in dismissing his mandamus action. For the following reasons, however, we find Warren’s claims to be meritless.

*433First, Warren erroneously based his written records requests to appellees on the FOIA. The FOIA does not apply to state agencies or officers. State ex rel. Findlay Publishing Co. v. Schroeder (1996), 76 Ohio St.3d 580, 582, 669 N.E.2d 835, 838; Sections 551(1) and 552(f), Title 5, U.S.Code.

Second, to the extent that Warren had already been provided some of the requested records, his mandamus claim was moot. State ex rel. Thomson v. Doneghy (1997), 80 Ohio St.3d 222, 685 N.E.2d 537; cf., also, State ex rel. Grove v. Nadel (1998), 81 Ohio St.3d 325, 326, 691 N.E.2d 275, 276, noting that “[o]nly one copy of [a] transcript of [a] criminal trial need be provided to an indigent criminal defendant.”

Third, appellees had no duty under R.C. 149.43 to create documents to meet Warren’s demands. State ex rel. Wilson-Simmons v. Lake Cty. Sheriff’s Dept. (1998), 82 Ohio St.3d 37, 42, 693 N.E.2d 789, 793; State ex rel. Fant v. Mengel (1991), 62 Ohio St.3d 197, 198, 580 N.E.2d 1085, 1086.

Finally, appellees had no duty to transmit copies of the requested records by mail to Warren. State ex rel. Mayes v. Holman (1996), 76 Ohio St.3d 147, 149, 666 N.E.2d 1132, 1134.

Based on the foregoing, the court of appeals properly dismissed Warren’s mandamus action. Accordingly, we affirm the judgment of the court of appeals.

Judgment affirmed.

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

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