[Cite as In re M.W., 2020-Ohio-178.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
ERIE COUNTY
In re M.W. Court of Appeals No. E-20-001
DECISION AND JUDGMENT
Decided: January 17, 2020
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Danielle C. Kulik, for relator.
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ZMUDA, P.J.
{¶ 1} This matter is before the court upon relator’s, I.J., filing of an application for
writ of mandamus on January 7, 2020, in which she asserts that she is a victim entitled to
certain protections under Article I, Section 10a of the Ohio Constitution, commonly
referred to as Marsy’s Law, and seeks an order from this court requiring the Erie County
Court of Common Pleas, Juvenile Division, to provide her notice and an opportunity to
be heard, and to consider her statements prior to granting a dismissal of the underlying
matter. I.J. also requests that we order “a duly authorized prosecutor to prosecute the
case.”
{¶ 2} Under Civ.R. 10(A), a complaint “shall include the names and addresses of
all the parties.” The “Erie County Juvenile Court” is identified in the body of I.J.’s
application, but the caption does not identify an individual respondent, nor does it include
an address for I.J. or the respondent. “The failure to properly caption an original action is
sufficient grounds for denying the writ and dismissing the petition.” State ex rel.
Williams, 6th Dist. Lucas No. L-04-1300, 2004-Ohio-5893, ¶ 4, citing Chisum v.
Accused, 8th Dist. Cuyahoga No. 82798, 2003-Ohio-2876, ¶ 8 and State ex rel. Sherrills
v. State, 91 Ohio St.3d 133, 742 N.E.2d 651 (2001).
{¶ 3} Because I.J. failed to identify an individual respondent or provide an address
for the parties, her application for a writ of mandamus is hereby dismissed, and I.J. is
ordered to pay the costs of this action.
{¶ 4} It is so ordered.
{¶ 5} The clerk is directed to serve upon all parties, within three days, a copy of
this decision in a manner prescribed by Civ.R. 5(B).
Writ denied.
2.
In re M.W.
C.A. No. E-20-001
Mark L. Pietrykowski, J. _______________________________
JUDGE
Arlene Singer, J.
_______________________________
Gene A. Zmuda, P.J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
3.