State v. Minter ( 2015 )

[Cite as State v. Minter, 2015-Ohio-23.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101997
STATE OF OHIO
RESPONDENT
vs.
FRANK A. MINTER, JR.
RELATOR
JUDGMENT:
WRIT DENIED
Writ of Mandamus
Motion No. 479852
Order No. 480898
RELEASE DATE: January 6, 2015
FOR RELATOR
Frank A. Minter, Jr., pro se
Inmate # 573-831
Richland Correctional Institution
P.O. Box 8107
Mansfield, Ohio 44901
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
By: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
SEAN C. GALLAGHER, P.J.:
{¶1} Relator, Frank A. Minter, Jr., has petitioned this court to issue a writ of mandamus
to compel the trial court to issue findings of fact and conclusions of law regarding its denial of
his motion to vacate void judgment for lack of jurisdiction that was filed in State v. Minter,
Cuyahoga C.P. No. CR-08-517202-B. The trial court denied his motion by order dated July 31,
2014, and relator’s request for findings of fact and conclusions of law was denied on August 20,
2014.
{¶2} Respondent has filed a motion for summary judgment. For the reasons that
follow, we grant respondent’s motion.
{¶3} Respondent has moved for summary judgment on the grounds that the complaint
failed to comply with R.C. 2969.25(A) and (C), R.C. 2731.04, and Civ.R. 10(A). Respondent
further contends the complaint is subject to dismissal due to Minter’s failure to name the proper
party.
{¶4} Each of the foregoing grounds requires dismissal of the complaint. See State ex
rel. Johnson v. Jensen, 140 Ohio St.3d 65, 2014-Ohio-3159, 14 N.E.3d 1039, ¶ 5-6 (a petition
that names the wrong party is fatally defective and must be dismissed); State ex rel. Castro v.
Corrigan, 129 Ohio St.3d 342, 2011-Ohio-4059, 952 N.E.2d 497, ¶ 2 (noncompliance with R.C.
2969.25(C)(1) authorizes dismissal of complaint for writ of mandamus); State ex rel. McGrath v.
McDonnell, 126 Ohio St.3d 511, 2010-Ohio-4726, 935 N.E.2d 830 (affirming dismissal of an
inmate’s complaint for mandamus for failure to comply with the mandatory requirements of R.C.
2969.25(A)); Litigaide, Inc. v. Custodian of Records for Lakewood Police Dept., 75 Ohio St.3d
508, 664 N.E.2d 521 (1996) (complaint for mandamus must be dismissed where the complaint
was not brought in the name of the state on relation of the relator, the respondent objects, and the
relator fails to seek leave to amend the complaint to comply with R.C. 2731.04). The failure to
caption an original action properly constitutes sufficient grounds for dismissing the complaint.
Rust v. Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766;
Barry v. Galvin, 8th Dist. Cuyahoga No. 85990, 2005-Ohio-2324, ¶ 2, citing Maloney v. Court of
Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962).
{¶5} Respondent also argues that Minter is not entitled to a remedy by way of
mandamus. Relator has provided no authority that the trial court has any duty to issue findings
of fact and conclusions of law when it denies a motion to vacate a void judgment. “Generally,
findings of fact and conclusions of law are not required for ruling on a motion other than an
authentic postconviction relief petition under R.C. 2953.21.” State ex rel. Jefferson v. Russo, 8th
Dist. Cuyahoga No. 90682, 2008-Ohio-135, ¶ 3. Even if the motion is treated as one for
postconviction relief, it was untimely pursuant to R.C. 2953.21(A)(2). The trial court has no
duty to issue findings of fact and conclusions of law when it dismisses an untimely petition for
postconviction relief. State ex rel. James v. Coyne, 114 Ohio St.3d 45, 2007-Ohio-2716, 867
N.E.2d 837, ¶ 5. A complaint for a writ of mandamus seeking to compel findings of fact and
conclusions of law for the denial of an untimely petition for postconviction relief is properly
denied. Id.{¶6} Accordingly, respondent’s motion for summary judgment is granted and the writ
is denied. Costs assessed against the relator. The clerk is directed to serve upon the parties
notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶7} Writ denied.
SEAN C. GALLAGHER, PRESIDING JUDGE
MARY EILEEN KILBANE, J., and
TIM McCORMACK, J., CONCUR