COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 76423
RICHARD F. DAVET                :
                                :       PETITION FOR WRIT
          Relator               :
                                :               OF
     vs.                        :
                                :            MANDAMUS
DEBORAH J. NICASTRO, JUDGE      :
                                :
          Respondent            :        MOTION NO. 7316
DATE OF JOURNALIZATION:                  AUGUST 12, 1999
JUDGMENT:                       WRIT DISMISSED.
APPEARANCES:
For Relator:                    RICHARD F. DAVET, Pro Se
                                P. O. Box 10092
                                Cleveland, Ohio 44110
For Respondent:
 Deborah J. Nicastro, Judge     TERRENCE R. WALSH, ESQ.
                                City of Garfield Heights
                                5407 Turney Road
                                Garfield Heights, Ohio 44125
                                DAVID E. MACK, ESQ.
                                Law Director
                                City of Garfield Heights
                                5407 Turney Road
                                Garfield Heights, Ohio 44125
PATRICIA ANN BLACKMON, J.:
     Relator, Richard F. Davet, through his complaint for a writ of
                               -2-
mandamus, seeks an order from this court which require the vacation
of the appointment of the respondent, Judge Deborah J. Nicastro, as
the  presiding judge  in the  underlying case  of General  Motors
Acceptance Corp. v. Richard Davet, Garfield Hts. Municipal  Court
Case No. 99-CVF-00171.   The relator further seeks an order  from
this court  which requires the  appointment of  another judge  to
preside  in the  proceeding  in place  of  the respondent.    The
respondent, has filed a motion to dismiss which this court grants
for the following reasons.
     The requisites  for mandamus  are well  established: 1)  the
relator must establish a clear legal right to the requested relief;
2) the respondent must possess a clear legal duty to perform  the
requested relief;  and  3) the  relator  does not  possesses  nor
possessed an  adequate remedy  at law.   State ex  rel. Tran.  v.
McGrath(1997), 78 Ohio St.3d 45; State ex rel. Boardwalk Shopping
Center, Inc. v. Court  of Appeals for Cuyahoga County (1990),  56
Ohio St.3d  118; State  ex rel. Sibarco  Corp. v.  City of  Berea
(1966), 7 Ohio St.2d  85.  In the  present case, the relator  has
failed to establish each prong of the aforesaid three-part test.
     Initially, we find that the relator has failed to  establish
that he  possesses a  clear legal right  which requires that  the
appointment of the respondent, to preside in the matter of General
Motors Acceptance Corp v.  Richard Davet, supra, be vacated.   In
addition,  the relator  has failed  to establish  that the  named
respondent, Judge Deborah J. Nicastro, possesses a clear legal duty
to vacate her appointment as the judge presiding in the matter of
                               -3-
General Motors Acceptance Corp. v. Richard Davet.  In fact,  R.C.
2701.131 provides that the presiding judge of the court of common
pleas shall issue an entry which disqualifies a presiding judge and
designates another judge of the municipal or county court, or  of
the court of common pleas, to preside in the proceeding in place of
the  disqualified  judge.    Any duty  to  vacate  the  entry  of
disqualification and appointment  and the designation of  another
judge must be made by the presiding judge of the court of  common
pleas and not the named respondent.  Thus, the relator has  named
the wrong  respondent which renders his  complaint for a writ  of
mandamus fatally defective.  Cf.  State ex rel. Dollison v. Reddy
(1978), 55  Ohio St.2d 59; State  ex rel. Pressley v.  Industrial
Commission of Ohio (1967), 11 Ohio St.2d 141.
     Finally, the relator has failed to establish that he does not
possess an adequate remedy at law.  To the contrary, the pleadings
before this court clearly indicate that the respondent entered  a
final judgment on behalf  of plaintiff General Motors  Acceptance
Corp., in the underlying case on March 15, 1999.  In addition, the
relator  perfected a timely appeal from the adverse judgment that
was rendered by the respondent.  See appeal as filed on April 13,
1999, in General Motors Acceptance Corp. v. Richard Davet, Cuyahoga
Appellate Case No. 76288   Thus, the relator has already  availed
himself of an adequate remedy at law which prevents this court from
issuing  a  writ  of  mandamus.   State  ex  rel.  Casey  Outdoor
Advertising, Inc. v. Ohio Dept. of Transportation (1991), 61 Ohio
St.3d 429; State ex rel. Hastings Mutual Insurance Co. v. Merillat
                               -4-
(1990), 50 Ohio St.3d 152;  State ex rel. Rhodes v. Van  Brocklin
(1988), 36 Ohio St.3d 236.
     Accordingly, we grant  the respondent's  motion to  dismiss.
Costs to relator.
     Writ dismissed.
TERRENCE O'DONNELL, P.J., and
MICHAEL J. CORRIGAN, J., CONCUR.
.