Court Filings

The court dismissed relator Atravion Preston’s mandamus action seeking public records from the Lorain Correctional Institution and the Ohio Department of Rehabilitation and Correction. The magistrate concluded, and the court adopted that recommendation, that Preston failed to file with his complaint the written affirmation required by amended R.C. 149.43(C)(2). Because the statute mandates dismissal if that affirmation is not filed, the court granted respondents’ motion to dismiss, denied as moot the motion to strike, and dismissed the action without reaching the merits or statutory-damages arguments.

The First District Court of Appeals dismissed Charles Greenlee’s appeal for lack of jurisdiction. Greenlee, a pro se incarcerated litigant, had sought relief under Civ.R. 60(B) from a March 3, 2025 trial-court dismissal of his claims against Walmart, arguing his amended complaint should have been deemed filed earlier under the prison-mailbox rule. The appeals court held the March 3 dismissal was not a final order because it left claims against municipal defendants pending and did not include a Civ.R. 54(B)/54(B)/no-just-reason-for-delay certification; therefore the trial court’s April 24 denial of his motion was not appealable.

The Court of Appeals dismissed Thomas Crain’s appeal for lack of jurisdiction. Crain had appealed from post-trial documents related to a magistrate’s decision and a later trial-court entry adopting that decision. The appellate court found the filings attached to the notice of appeal were irregular: the magistrate’s paper was a dispositive magistrate’s decision, and the trial-court paper merely incorporated that decision but did not itself enter a separate, signed judgment specifying relief. Because the trial court failed to enter a final, independent judgment determining all claims, the appeal cannot proceed.

The Court of Appeals denied Thomas Jones’ request for a writ of mandamus seeking to force Judge Lisa L. Sadler to serve him with an entry of dismissal and to rescind a bill for court costs. The court adopted the magistrate’s decision and granted the respondent’s motion to dismiss, finding that the duty to serve judgment and note service on the docket lies with the clerk of court under Civ.R. 58(B), not with the judge. The court also held Jones has an adequate remedy at law (e.g., Civ.R. 60(B) or appeal) and thus cannot meet mandamus requirements.

The Twelfth District Court of Appeals dismissed Nicole Potts' appeal for lack of jurisdiction. Potts had challenged a municipal-court order that adopted a magistrate's decision dismissing a landlord's forcible entry and detainer action against her. The magistrate dismissed the action without prejudice, finding Potts' purported "lifelong lease" defective and that the landlord's notice to vacate was defective. The appellate court held the municipal order was not a final appealable order under R.C. 2505.02 because the dismissal without prejudice left the parties in the same position as before the suit and did not affect Potts' substantial rights.