COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71730 STATE OF OHIO, EX REL. : JUDITH BRATTON : Relator : PETITION FOR WRIT OF : MANDAMUS -vs- : : TIMOTHY MCGINTY : : Respondent : : DATE OF ANNOUNCEMENT : OF DECISION : JANUARY 13, 1997 JUDGMENT : DISMISSED. DATE OF JOURNALIZATION : APPEARANCES: For relator: For respondent: Judith Bratton Stephanie Tubbs Jones 541 Grace Avenue Cuyahoga County Prosecutor Akron, Ohio 44320 The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 - 2 - On December 11, 1996, the relator, Judith Bratton, commenced this mandamus action to compel Judge McGinty "to place in the file a judgment he made on the common pleas case." Ms. Bratton captioned her mandamus pleading as Judith Bratton v. Cleveland Plain Dealer and attached a copy of the docket in the underlying case, Judith Bratton v. Cleveland Plain Dealer, Cuyahoga Cty. C.P. Case No. 303441. She included no other attachments or affidavits, nor did she offer further averments or explanations. A review of the docket reveals that on November 12, 1996, Ms. Bratton filed a notice of appeal in the underlying case, Cuyahoga County Court of Appeals Case No. 71583. However, the trial court did not enter judgment for the defendants until November 14, 1996. Accordingly, this court concludes that the November 14 order is the judgment which Ms. Bratton seeks the trial judge to place in the file. This court further notes that on December 11, 1996, Ms. Bratton filed another notice of appeal in the underlying case, Cuyahoga County Court of Appeals Case No. 71731. Attached to the docketing statement and praecipe filed in that case is a copy of the trial court's November 14, 1996 order granting the defendants' motion for summary judgment. Therefore, the trial court has placed the requested judgment in the file of the underlying case. The relator has received the relief she specifically requested, and - 3 - this case is moot. To the extent that the relator was really trying to compel the trial court to place other records, such as filings, briefs or evidence, into the case file, she has an adequate remedy at law through App. R. 9(E). State ex rel. Hester v. Crush (1996), 75 Ohio St.3d 563, 664 N.E.2d 930; State ex rel. Fant v. Trumbo (1986), 22 Ohio St.3d 207, 489 N.E.2d 1316. App.R. 9(E) provides in pertinent part: "the court of appeals, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the court of appeals." Thus, because mandamus will not issue if the relator has an adequate remedy at law, mandamus will not issue in this case to compel the trial court to place other filings in the record. This court further notes that mandamus actions are separate actions governed by the Rules of Civil Procedure. Thus, pursuant to Civ.R. 10(A) and 17, the trial court was the properly named defendant or respondent in the mandamus action, not the defendant in the underlying case. Moreover, Local Appellate Rule 8(B)(1) requires that the relator in a complaint for an extraordinary writ must state the specific facts upon which the claim is based and must support the complaint with an affidavit specifying the details of the claim. - 4 - Accordingly, this court sua sponte dismisses the above- captioned action for mandamus. Relator to pay costs. PATRICIA A. BLACKMON, J., CONCURS ____________________________________ JAMES D. SWEENEY, CHIEF JUSTICE .