Opinion

State ex rel. Fant v. Mengel

  • 62 Ohio St. 3d 197
  • 580 N.E.2d 1085
  • 1991 Ohio LEXIS 2870
Court
Ohio Supreme Court
Filed
Dec 11, 1991
Status
Published
On the bench
Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Cited by
28 cases
Authority
More cited than 95.8%

The opinion

Per Curiam.

Before mandamus can issue, relator must establish he has a clear legal right to the relief requested. State, ex rel. Fant, v. Sykes (1986), 28 Ohio St.3d 90 , 28 OBR 185, 502 N.E.2d 597 . The Public Records Act, R.C. 149.43, does not require that a public office create new documents to meet a requester’s demand. State, ex rel. Scanlon, v. Deters (1989), 45 Ohio St.3d 376 , 544 N.E.2d 680 . Accordingly, the court of appeals correctly granted appellees’ motion for summary judgment.

The court of appeals also correctly denied appellant’s motion to assess costs since the complaint lacked any merit. Also, pro se litigants are not entitled to attorney fees under R.C. 149.43. See Fant v. Bd. of Trustees, Regional Transit Auth. (1990), 50 Ohio St.3d 72 , 552 N.E.2d 639 .

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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