State ex rel. Striker v. Frary
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Striker v. Frary, Slip Opinion No. 2011-Ohio-4705.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2011-OHIO-4705 THE STATE EX REL. STRIKER, APPELLANT, v. FRARY, CLERK, ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Striker v. Frary, Slip Opinion No. 2011-Ohio-4705.] Mandamus Public records R.C. 149.43 Court clerks have no duty to provide access to records not in their possession Judgment denying writ affirmed. (No. 2011-0570 Submitted September 7, 2011 Decided September 21, 2011.) APPEAL from the Court of Appeals for Richland County, No. 10 CA 01, 2011-Ohio-1021. ___________________ 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 SUPREME COURT OF OHIO 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, __ Ohio St.3d __, 2011-Ohio-2878, __ N.E.2d __, ¶ 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. __________________ Lori McGinnis, for appellant. James J. Mayer Jr., Richland County Prosecuting Attorney, and Daniel J. Benoit, Assistant Prosecuting Attorney, for appellee Frary. David L. Remy, Mansfield Law Director, for appellee Smith. ______________________ 2
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