State ex rel. Striker v. Frary

Ohio Supreme Court
State ex rel. Striker v. Frary, 2011 Ohio 4705 (Ohio 2011)
130 Ohio St. 3d 81
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown

State ex rel. Striker v. Frary

Opinion

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying a writ of mandamus to compel appellees, Richland County Common Pleas Court Clerk Linda Frary and Mansfield Municipal Court Clerk Daniel F. Smith, to provide access to certain records pursuant to R.C. 149.43, Ohio’s Public Records Act. As to the records that Striker requested but claims he did not receive, appellees have no duty to provide records that they did not possess. See State ex rel. Striker v. Smith, 129 Ohio St.3d 168, 2011-Ohio-2878, 950 N.E.2d 952, ¶ 28. Nor was Striker entitled to records that he requested initially in his mandamus complaint. State ex rel. Am. Civ. Liberties Union of Ohio, Inc. v. Cuyahoga Cty. Bd. of Commrs., 128 Ohio St.3d 256, 2011-Ohio-625, 943 N.E.2d 553, ¶ 33. Appellees complied with their applicable duties.

Judgment affirmed.

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

Reference

Full Case Name
The State Ex Rel. Striker, Appellant, v. Frary, Clerk, Et Al., Appellees
Status
Published