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Myles v. Wyatt

580 N.E.2d 1080, 62 Ohio St. 3d 191, 1991 Ohio LEXIS 2862
CourtOhio Supreme Court
DecidedDecember 11, 1991
DocketNo. 91-728
StatusPublished
Cited by13 cases

This text of 580 N.E.2d 1080 (Myles v. Wyatt) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myles v. Wyatt, 580 N.E.2d 1080, 62 Ohio St. 3d 191, 1991 Ohio LEXIS 2862 (Ohio 1991).

Opinion

Per Curiam.

Relator-appellant, James Myles, Jr., filed a “Motion for a Writ of Mandamus” in the Court of Appeals for Stark County on March 4, 1991. The court of appeals overruled the motion pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) for lack of a proper complaint. We agree. R.C. 2731.04 states that “[application for the writ of mandamus must be by petition * * *.” Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
580 N.E.2d 1080, 62 Ohio St. 3d 191, 1991 Ohio LEXIS 2862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myles-v-wyatt-ohio-1991.