State ex rel. Figueroa v. Ohio Department of Commerce, Division of Real Estate & Professional LicensingAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus ordering the Ohio Department of Commerce, Division of Real Estate and Professional Licensing to convene an informal mediation meeting on a complaint, holding that Appellant had no clear legal right to a mediation meeting.
A third party filed a complaint with the Division against Appellant, alleging that Appellant had falsified information on a mortgage application. The Division notified Appellant that he was the subject of the complaint. Appellant sent a letter containing a mediation request, but the Division failed to schedule a mediation meeting. Appellant then filed a complaint in the court of appeals seeking a writ of mandamus to compel the Division to schedule the meeting. The court of appeals denied the writ. The Supreme Court affirmed, holding that Appellant had no clear legal right to a mediation meeting, and the Division had no clear duty to hold one because Appellant's letter was incontestably untimely.