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State ex rel. Mentor Lagoons, Inc. v. Strader
Citation: 1 Ohio St. 3d 1Docket: No. 81-1663
Court: Ohio Supreme Court; July 7, 1982; Ohio; State Supreme Court
App. R. 9(B) outlines the responsibilities of the court reporter, who is appointed to transcribe trial court proceedings through various means, including stenography and electronic recording. In this case, Corlett and Beebe were identified as the appointed reporters. The appellant contends that it should be allowed to submit a narrative statement under App. R. 9(C) instead of a transcript, arguing that an officially appointed reporter must be a professional court reporter. The court rejects this interpretation, stating that it will not adopt a hypertechnical reading of App. R. 9(B), noting that Corlett and Beebe were indeed appointed. The appellant also seeks a writ of mandamus, claiming Corlett's inability to type and his retirement to another state impede the process. To grant such a writ, the court must establish that the relator has a clear legal right to the relief requested, that the respondent has a clear legal duty to act, and that there is no adequate remedy at law available. The court finds that the appellant has not requested a transcript and has not proven its unavailability, thus lacking a clear legal right to the settlement statement. Consequently, the judgment of the Court of Appeals denying the writ of mandamus is affirmed. The decision is concurred by several justices.