[Cite as State ex rel. Elliott v. Haas, 2011-Ohio-1037.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
STATE EX REL. BRADLEY ELLIOTT : Hon. W. Scott Gwin, P.J.
: Hon. Julie A. Edwards, J.
Relator : Hon. Patricia A. Delaney, J.
:
-vs- :
: Case No. 2010-CA-00281
HONORABLE JOHN G. HAAS :
:
Respondent : OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: March 7, 2011
APPEARANCES:
For: Relator For: Respondent
BRADLEY ELLIOTT PRO SE KATHLEEN O. TATARSKY
BECI Assistant Prosecuting Attorney
Box 540 Appellate Section
St. Clairsville, OH 43950 Stark County Prosecutor’s Office
110 Central Plaza South, Ste. 510
Canton, OH 44702-1413
[Cite as State ex rel. Elliott v. Haas, 2011-Ohio-1037.]
Gwin, P.J.
{¶1} Relator, Bradley Elliott, has filed a Petition for Writ of Mandamus
challenging the trial court’s imposition of court costs without having considered Relator’s
ability to pay. Respondent has also filed an Answer as well as a motion to dismiss or
motion for summary judgment.
{¶2} For a writ of mandamus to issue, the relator must have a clear legal right
to the relief prayed for, the respondent must be under a clear legal duty to perform the
requested act, and relator must have no plain and adequate remedy in the ordinary
course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50,
451 N.E.2d 225.
{¶3} We have previously held, the appropriate forum for challenging court costs
is by way of appeal from the sentencing entry; therefore, an adequate remedy at law
exists for making such a challenge. See State of Ohio ex rel. Biros v. Logan, 2003 WL
22326666, *2 (Ohio App. 11 Dist.) ( [T]he propriety of a decision to impose court costs
on a convicted defendant can only be contested in a direct appeal from the sentencing
judgment.). See Wuescher v. Whitney 2008 WL 142575, 1 (Ohio App. 5 Dist.) and State
ex rel. Bachman v. Heath, 2010 WL 320478, 2 (Ohio App. 5 Dist.).
{¶4} Other courts have similarly held, “[A defendant’s] legal remedy to
challenge the court's imposition of court costs [is] by direct appeal of his sentencing
entry. Threatt, supra. See, also, State ex rel. Biros v. Logan, Trumbull App. No.2003-T-
0016, at ¶ 10 (finding that res judicata bars relator from collaterally attacking an order
imposing court costs in a mandamus action). State v. Russell, 2011 WL 334184, 3
(Ohio App. 2 Dist.).
Stark County, Case No. 2010-CA-00281 3
{¶5} Because Relator has or had an adequate remedy at law to challenge the
imposition of court costs, a writ of mandamus does not lie. For this reason, we grant
Respondent’s motion to dismiss.
{¶6} RESPONDENT’S MOTION TO DISMISS GRANTED.
{¶7} PETITION DISMISSED.
{¶8} COSTS TO RELATOR.
{¶9} IT IS SO ORDERED.
By Gwin, P.J.,
Edwards, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
HON. PATRICIA A. DELANEY
WSG:clw 0209
[Cite as State ex rel. Elliott v. Haas, 2011-Ohio-1037.]
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE EX REL. BRADLEY ELLIOTT :
:
Relator :
:
:
-vs- : JUDGMENT ENTRY
:
HONORABLE JOHN G. HAAS :
:
:
Respondent : CASE NO. 2010-CA-00281
For the reasons stated in our accompanying Memorandum-Opinion, Respondent’s
Motion to Dismiss is granted, and the instant cause is dismissed. Costs to Relator.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
HON. PATRICIA A. DELANEY