COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 84759
 
 
ERIC BREWER                  :         ORIGINAL ACTION
                             :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
CLEVELAND MUNICIPAL SCHOOL   :
     DISTRICT                :
                             :
ADRIAN D. THOMPSON           :
                             :
BARBARA BYRD-BENNETT         :
                             :
          Respondents        :
 
 
DATE OF JOURNALIZATION:           JUNE 4, 2004
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Writ Dismissed.
                                  Order No. 360636
 
 
APPEARANCES:
 
For Relator:                      DARRYL E. PITTMAN
                                  Pittman, Alexander, Cook
                                    & Assoc.
                                  2940 Noble Road
                                  Suite 202
                                  Cleveland, Ohio 44121
 
For Respondents:                  ADRIAN D. THOMPSON
                                  Chief Legal Counsel
                                  Cleveland Municipal School Dist.
                                  1380 East Sixth Street
                                  Cleveland, Ohio 44114
 
                                            (Continued)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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(Continued)
 
 
                  SUBODH CHANDRA
                  Director of Law
                  City of Cleveland Law Dept.
                  601 Lakeside Ave., Room 106
                  Cleveland, Ohio 44114
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -3-
 
 
Ann Dyke, J.:
 
     Relator, Eric Brewer, avers that he has requested "all
 
itemized legal bills from all law firms doing business " with
 
respondent, Cleveland Municipal School District ("District").
 
Complaint, par. 7. Brewer further avers that     ­ after repeated
 
requests ­ the District's public information officer informed
 
Brewer that the District's chief legal counsel, respondent Adrian
 
D. Thompson, said that the records would not be released.
 
     Brewer requests that this court compel respondents ­ the
 
District and Thompson as well as respondent Barbara Byrd-Bennett,
 
the District's Chief Executive Officer ­to provide "access"to the
 
records and to pay relator's attorney's fees. Complaint, ad damnum
 
clause.
 
     The complaint manifests several defects.
 
     "Moreover, the petition itself is defective because it is
     improperly captioned. 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. [Relator] Morton also failed to support his
     complaint with an affidavit specifying the details of the
     claim as required by Local Rule 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."
 
 
State ex rel. Morton v. Pokorny (Mar. 1, 2001), Cuyahoga App. No.
 
79187, at 3. The complaint in this action does not purport to be
 
on relation of relator. Instead, the caption reads      "Brewer v.
 
Cleveland Municipal School District, et al. " Likewise, in this
 
 
 
 
 
 
 
 
 
 
 
                               -4-
 
action, there is no affidavit specifying the details of the claim.
 
     Accordingly, we dismiss this action sua sponte. Relator to
 
pay costs. 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).
 
     Writ dismissed.
 
 
 
                                             ANN DYKE
                                             JUDGE
 
Presiding Judge ANNE L. KILBANE, Concurs
 
Judge TIMOTHY E. MCMONAGLE, Concurs in Judgment Only
 
 
 
.