COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             No. 69981
 
                 GERALD E. FUERST, CLERK OF COURT 
STATE OF OHIO, EX REL.    : 
GEORGE J. GERMANN, et al  :
                          : 
          Relator         :    PETITION FOR WRIT OF MANDAMUS  
                          : 
   v.                     :    COURT OF APPEALS NO. 69981 
                          : 
BEDFORD MUNICIPAL COURT   :    MOTION NO. 69891 
                          : 
          Respondent      :
DATE:  MARCH 14, 1996   
TIMOTHY E. McMONAGLE, P.J.: 
     Relators,  George J. Germann  and James  A. Germann,  a minor,
through  his  father  George J.  Germann,  are  seeking  a writ  of
mandamus to compel respondent, the Honorable Peter J. Junkin of the
Bedford Municipal  Court,  to  vacate  a  condition  of  an  issued
temporary protection order  in Bedford Municipal Court  Case No. 95
CRV  00278, to  notify the appropriate  authorities of  the vacated
temporary protection  order, to order  a dismissal of  the criminal
charge against relator  George Germann  in Bedford Municipal  Court
Case  No.  95 CRB  02186  regarding  a violation  of  the temporary
protection order, and  to order a  sealing of all criminal  records
pertaining  to relator  George  Germann's  arrest  and  prosecution
concerning the  temporary protection  order.   Respondent moved  to
                               - 2 - 
dismiss relators' complaint for failure to  state a claim, and, for
the following reasons, we deny respondent's motion.  
     A Civ.R. 12(B)(6) motion will not be granted unless it appears
beyond doubt from  the face of the petition alone  that the relator
can prove no  set of facts  which entitle him  or her to  recovery.
State,  ex rel.  Bush v.  Spurlock (1989),  42  Ohio St.3d  77, 537
N.E.2d  641.    Relators aver  in  their  complaint  that they  are
entitled to  a vacation  of the  continuing order  against them  to
vacate their residence in  Bedford Municipal Court Case No.  95 CRV
00278 since they  were not parties  to the  Bedford case, and  they
neither  appeared  nor were  served with  summonses in  the Bedford
case.    The Bedford  case  was  a domestic  violence  case brought
against relator George Germann's wife. 
     Assuming the allegations of the complaint  are true, as we are
required  to do  when determining  a motion  to dismiss,  relators'
complaint  is  sufficient  to  withstand   dismissal  under  Civ.R.
12(B)(6).    The syllabi  in State,  ex  rel. Ballard  v. O'Donnell
(1990), 50 Ohio St.3d 182, 553 N.E.2d 650, provide as follows: 
          1.   A trial  court is without  jurisdiction to
               render  judgment  or   to  make   findings
               against a person who  was not served  sum-
               mons, did not appear, and  was not a party
               in  the  court   proceedings.    A  person
               against  whom  such judgment  and findings
               are made is entitled  to have the judgment
               vacated. 
          2.   If  an inferior  court  is without  juris-
               diction  to  render  a judgment,  mandamus
               will lie to compel the court to vacate its
               judgment and findings. 
                               - 3 - 
     In light  of Ballard  and the  Civ.R.  12(B)(6) standards  for
disposition, we cannot say that relators' complaint, without doubt,
has no potential. 
     Accordingly, respondent's motion to dismiss is overruled. 
JAMES D. SWEENEY, J.   CONCURS
DIANE KARPINSKI, J.    CONCURS
.