COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 79202
JEANNE CHEBIB                 :
                              :
               Relator        :         JOURNAL ENTRY
                              :              and
     vs.                      :            OPINION
                              :
MOTORIST MUTUAL INS. CO.,     :
     et al                    :
                              :
               Respondents    :
CHARACTER OF PROCEEDING       :    WRIT OF MANDAMUS
                              :    (Motion No. 25503)
JUDGMENT                      :    DISMISSED.
DATE OF JOURNALIZATION        :    FEBRUARY 27, 2001
APPEARANCES:
For relator    :              JEANNE CHEBIB, pro se
                              2218 Selzer Avenue
                              Cleveland, Ohio  44109
For respondents:              UHLINGER & KEIS
                              Attorneys at Law
                              55 Public Square
                              Cleveland, Ohio  44113
                               -2-
KENNETH A. ROCCO,P.J.:
     On February 8, 2001,  the relator, Jeanne Chebib,  commenced
this mandamus action for jury demand.   Ms. Chebib complains that
when she  submitted a jury  demand with  an accompanying  poverty
affidavit, the clerk of the Municipal Court refused to accept the
filing until a judge of the court approved the poverty affidavit.
For the following reasons, this court dismisses the writ  action,
sua sponte.
     First, the petition is defective because it is improperly cap-
tioned.  Ms. Chebib captioned the case  Jeanne Chebib v. Motorist
Mutual Ins. Co., et al. R.C. 2731.04 requires that an application
for a  writ of mandamus  must be by petition, in the name of  the
state on the relation of the  person applying.   This failure  to
properly caption  a  mandamus action  is sufficient  grounds  for
denying the writ and dismissing the petition.  Maloney v. Court of
Common Pleas of Allen County (1962), 173 Ohio St. 226, 181 N.E.2d
270.  Moreover, the failure to caption the case correctly creates
uncertainty as to the identity of the respondent.  This court has
held that this deficiency alone also warrants dismissal.  State ex
rel. Larry Calloway v.  Court of Common Pleas of Cuyahoga  County
(Feb. 27, 1997), Cuyahoga App. No. 71699, unreported; State ex rel.
Samuels v.  Municipal Court (Nov.  22, 1994),  Cuyahoga App.  No.
67762, unreported; and State ex rel. White v. Villanueva (Oct. 6,
1993), Cuayhoga App. No. 66009, unreported.  In the present  case
this court is uncertain whether the respondent is Motorist Mutual
                               -3-
Insurance Company, the Clerk of Court of the Cleveland  Municipal
Court, the Cleveland Municipal Court, and/or a specific judge  of
that court.   The  caption also fails  to include  the names  and
addresses of all the parties in violation of Civ.R. 10(A).
     The petition for mandamus also does not include  a demand for
judgment for relief to which the party claims to be entitled   as
required by Civ.R. 8(A).  This is particularly problematic in the
present case because  the court cannot  discern whether the  duty
sought to be enforced is the clerk accepting the poverty affidavit,
the clerk accepting the demand for  a jury trial, a judge of  the
municipal court approving the poverty affidavit, some combination
of these, or some other relief.
     Additionally, the relator failed to support her complaint with
an affidavit  specifying the details of the claim  as required by
Loc.R. 45(B)(1)(a).  State ex rel. Wilson v. Calabrese (Jan.  18,
1996), Cuyahoga App. No. 70077, unreported and State ex rel. Smith
v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported.
     Accordingly, the court dismisses this application for a writ.
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).
                               -4-
TIMOTHY E. McMONAGLE,J.    CONCURS
FRANK D. CELEBREZZE,JR.,J. CONCURS
                                           KENNETH A. ROCCO
                                           PRESIDING JUDGE
 
 
 
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