COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
 
                       COUNTY OF CUYAHOGA
 
                           No. 85660
 
 
STATE OF OHIO, EX REL.,      :         ORIGINAL ACTION
HAYES W. ROWAN               :
                             :         JOURNAL ENTRY
          Relator            :              AND
                             :            OPINION
    vs.                      :
                             :
PROBATE COURT OF CUYAHOGA    :
COUNTY                       :
                             :
          Respondent         :
 
 
DATE OF JOURNALIZATION:           FEBRUARY 23, 2005
 
CHARACTER OF PROCEEDINGS:         WRIT OF MANDAMUS
 
JUDGMENT:                         Dismissed.
                                  Motion No. 36772
                                  Order No. 368679
 
 
 
APPEARANCES:
 
For Relator:                      HAYES W. ROWAN, pro se
                                  1727 West 32nd Street
                                  Cleveland, Ohio 44113
 
 
For Respondent:                   WILLIAM D. MASON
                                  Cuyahoga County Prosecutor
                                  BY: CHARLES E. HANNAN, JR.
                                  Assistant County Prosecutor
                                  Justice Center - 9th Floor
                                  1200 Ontario Street
                                  Cleveland, Ohio 44113
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                -2-
 
Patricia A. Blackmon, J.:
 
     Hayes W. Rowan has filed a complaint for a writ of a mandamus.
 
Rowan seeks an order from this court which requires the Cuyahoga
 
County Probate Court ("probate court"), in Cuyahoga County Probate
 
Court Case No. 2000-GDN-0951350, "... to set the 20th December 2004
 
hearing, and all future hearings, on the docket as a jury action,
 
and directing all hearings be recorded by videotape." The probate
 
court has filed a motion to dismiss which we grant for the
 
following reasons.
 
     In order for this court to issue a writ of mandamus, Rowan
 
must demonstrate that: (1) he possesses a clear legal right which
 
requires that all proceeding held in the probate court be held
 
before a jury and that all proceeding be recorded on video tape;
 
(2) the probate court possesses a clear legal duty to conduct all
 
proceedings before a jury and that all proceedings be recorded on
 
video tape; and (3) there exists no plain and adequate remedy in
 
the ordinary course of the law.    State ex rel. Harris v. Rhodes
 
(1978), 54 Ohio St.2d 41, 374 N.E.2d 641; State ex rel. National
 
City Bank v. Board of Education (1977), 52 Ohio St.2d 81, 369
 
N.E.2d 1200. Herein, Rowan has failed to establish each of the
 
aforesaid three prongs. Rowan is not entitled to have a jury
 
adjudicate the action in Cuyahoga County Probate Court Case No.
 
2000-GDN-0951350 nor is there any requirement that any proceedings
 
in the probate court be recorded on videotape. Finally, any
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                               -3-
 
procedural or substantive errors, as potentially committed by the
 
probate court, can be addressed through a direct appeal. Fraiberg
 
v. Cuyahoga Cty. Court of Common Pleas, Domestic Relations Div.
 
(1996), 76 Ohio St.3d 374, 667 N.E.2d 1189.
 
    Accordingly, we grant the motion to dismiss. Costs to Rowan.
 
It is further ordered that the Clerk of the Eighth District Court
 
of Appeals serve notice of this judgment upon all parties as
 
mandated by Civ.R. 58(B).
 
    Dismissed.
 
 
 
 
                                       PATRICIA A. BLACKMON
                                       ADMINISTRATIVE JUDGE
 
ANTHONY O. CALABRESE, JR., J., CONCURS
 
KENNETH A. ROCCO, J., CONCURS
 
.