State ex rel. Brown v. Nusbaum

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of mandamus to compel Judge Scott W. Nusbaum to issue a final, appealable order in a proceeding brought under Ohio Rev. Code 2935.09. The appeals court granted Judge Nusbaum’s motion to dismiss under Ohio R. Civ. P. 12(B)(6). Appellant appealed. Judge Nusbaum filed an unopposed motion to strike Appellant’s merit brief, arguing that Appellant served him with a different, typewritten document, also captioned as a merit brief. The Supreme Court denied the motion to strike but affirmed the judgment of the court of appeals dismissing Appellant’s mandamus action, holding that Appellant failed to establish that Judge Nusbaum had a clear legal duty to issue a final, appealable order. View "State ex rel. Brown v. Nusbaum" on Justia Law