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STATE EX REL. GMS MGT., CO., INC. v. LAZZARO

No. 97875.

2012 Ohio 3961

STATE EX REL. GMS MANAGEMENT CO., INC., RELATOR, v. MAGISTRATE S. ROBERT LAZZARO, JR. AND JUDGE MARK COMSTOCK, RESPONDENTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Release: August 24, 2012.

Attorney(s) appearing for the Case

Paul M. Greenberger, Berns, Ockner & Greenberger, LLC, 3733 Park East Drive, Suite 200, Beachwood, Ohio 44122, Attorney for Relator.

James N. Walters, III, Director of Law for the city of Berea, 11 Berea Commons, Berea, Ohio 44017-0297, Attorney for Respondent.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, SR., J.

{¶1} On January 26, 2012, the relator, GMS Management Co., Inc., ("GMS") commenced this mandamus action against the respondents, Magistrate S. Robert Lazzaro and Judge Mark Comstock, Jr., of the Berea Municipal Court, to compel them to not apply Civ.R. 6(A) to the three-day notices for forcible entry and detainer actions under R.C. Chapter 1923.04. On April 3, 2012, GMS moved for summary...

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