Ohio Supreme Court, 2009

State ex rel. Gessner v. Vore

Ohio Supreme Court · Decided August 25, 2009 · Cupp, Lanzinger, Lundberg, Moyer, O'Connor, O'Donnell, Pfeifer, Stratton

2009 Ohio 4150; 123 Ohio St. 3d 96; 914 N.E.2d 376

Cases that cite this one

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

LVNV Funding, L.L.C. v. Altahtamoni (Ohio Ct. App. 2024)
State Ex Rel. Bardwell v. City of Cleveland (Ohio 2010)
Hall v. GMS Mgt. Co. (Ohio Ct. App. 2021)
Fultz v. Fultz (Ohio Ct. App. 2014)
Musgrave v. Yost (Ohio Ct. Cl. 2025)
Huntington Natl. Bank v. Bossart (Ohio Ct. App. 2024)
State v. Montanez (Ohio Ct. App. 2024)
In re Estate of Taylor (Ohio Ct. App. 2024)
State v. Fulcher (Ohio Ct. App. 2024)
State v. Spann (Ohio Ct. App. 2024)
State v. Smith (Ohio Ct. App. 2023)
State v. Payton (Ohio Ct. App. 2023)
State v. Peterson (Ohio Ct. App. 2023)
Djurin v. Ginley (Ohio Ct. App. 2023)
Cleveland v. Barnes (Ohio Ct. App. 2023)
Reynolds v. Kamm (Ohio Ct. App. 2023)
Bryant M. Properties, L.L.C. v. Graves (Ohio Ct. App. 2023)
Hanak v. Kraus (Ohio Ct. App. 2022)
Wiltz v. Cleveland Clinic (Ohio Ct. App. 2021)
In re Z.S. (Ohio Ct. App. 2021)
Mott v. Morgan (Ohio Ct. App. 2021)
Fairley v. Cuyahoga Cty. Prosecutor (Ohio Ct. Cl. 2020)
Third Fed. S. & L. Assn. of Cleveland v. Pajany (Ohio Ct. App. 2020)
State v. Harrison (Ohio Ct. App. 2020)
Scaccia v. Fid. Invests. (Ohio Ct. App. 2019)

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

Per Curiam.

{¶ 1} This is an appeal from a judgment dismissing the petition of appellant, Mark E. Gessner, for a writ of mandamus to compel appellees, the sheriff-elect and the acting sheriff of Montgomery County, to provide him with due process of law for a June 2008 notice against trespass issued to him, barring him from specified courthouses.

{¶ 2} For the following reasons, the court of appeals properly dismissed Gessner’s petition.

{¶ 3} First, Gessner had an adequate remedy in the ordinary course of law by way of an action under Section 1983, Title 42, U.S.Code, to raise his federal constitutional claims. State ex rel. Mackey v. Blackwell, 106 Ohio St.3d 261, 2005-Ohio-4789, 834 N.E.2d 346, ¶ 21. He could have filed this action in common *97 pleas court and joined any state-law claims. See State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 317-318, 725 N.E.2d 663.

Mark E. Gessner, pro se. Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and John A. Cumming, Assistant Prosecuting Attorney, for appellees.

{¶ 4} Second, Gessner cites no statute imposing any legal duty on appellees. “It is axiomatic that in mandamus proceedings, the creation of the legal duty that a relator seeks to enforce is the distinct function of the legislative branch of government, and courts are not authorized to create the legal duty.” State ex rel. Pipoly v. State Teachers Retirement Sys., 95 Ohio St.3d 327, 2002-Ohio-2219, 767 N.E.2d 719, ¶ 18.

{¶ 5} Finally, notwithstanding Gessner’s argument to the contrary, pro se litigants like him must follow the same procedures as litigants represented by counsel. State ex rel. Fuller v. Mengel, 100 Ohio St.3d 352, 2003-Ohio-6448, 800 N.E.2d 25, ¶ 10.

{¶ 6} Therefore, we affirm the judgment of the court of appeals dismissing Gessner’s mandamus petition.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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