Ohio Supreme Court, 2009

Martin v. Woods

Ohio Supreme Court · Decided April 30, 2009 · Moyer, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp

2009 Ohio 1928; 121 Ohio St. 3d 609; 906 N.E.2d 1113

Cases that cite this one

10 later published cases cite this decision.

Henderson v. Saffold (Ohio Ct. App. 2014)
Walter v. State (Ohio Ct. App. 2013)
State ex rel. Jackson v. Villanueva (Ohio Ct. App. 2013)
State ex rel. Woodard v. Ambrose (Ohio Ct. App. 2013)
State v. Diggs (Ohio Ct. App. 2013)
State ex rel. Marshall v. Cuyahoga Cty. Court of Common Pleas (Ohio Ct. App. 2013)
Gaston v. Reid (Ohio Ct. App. 2012)
State ex rel. Poole v. Corrigan (Ohio Ct. App. 2011)
State ex rel. Parker v. Russo (Ohio Ct. App. 2011)
State ex rel. Yates v. McDonnell (Ohio Ct. App. 2011)

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} We affirm the judgment of the court of appeals dismissing the complaint of appellant, Robert Martin, for a writ of mandamus. Martin did not bring this action in the name of the state and failed to seek leave to amend his complaint to comply with this R.C. 2731.04 requirement when appellees raised it. Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766, ¶ 16. Martin also did not comply with the requirements of R.C. 2969.21 to 2969.27. See, e.g., State ex rel. Ridenour v. Brunsman, 117 Ohio St.3d 260, 2008-Ohio-854, 883 N.E.2d 438, ¶ 5. Notwithstanding Martin’s contention to the contrary, R.C. 2969.21 to 2969.27 apply to civil actions that an inmate commences against the state, a political subdivision, or an employee of those entities in the court of appeals. R.C. 2969.21(B)(1)(a).

{¶ 2} We further deny appellant’s motion to strike appellees’ merit brief.

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.