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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-02-25
Status INACTIVE
Type Contract Real Estate
Docket 36 entries

Parties

Plaintiff Muhammad Eury
Defendant Martin Maniaci|Debbie Maniaci|Djm Holdings|Garfield Heights Municipal Court
Photo of Hon. JOAN SYNENBERG

Judge

Hon. JOAN SYNENBERG

Cuyahoga County (OH)

Ohio

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Docket Entries

  1. EFUND BALANCE OF CASE COST DEPOSIT TO MUHAMMAD EURY
  2. UDGMENT ENTRY(56856451) SENT BY REGULAR MAIL SERVICE. TO: DEBBIE MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  3. UDGMENT ENTRY(56856450) SENT BY REGULAR MAIL SERVICE. TO: MARTIN MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  4. UDGMENT ENTRY(56856449) SENT BY REGULAR MAIL SERVICE. TO: MUHAMMAD EURY 16775 GERARD AVENUE MAPLE HEIGHTS, OH 44237-0000
  5. FFIDAVIT OF INDIGENCY, FILED 02/25/2025, IS GRANTED. UPON THE REQUEST OF THE APPLICANT AND THE COURT'S REVIEW, THE COURT FINDS THAT THE APPLICANT IS AN INDIGENT LITIGANT UNDER R.C. § 2323.311. IN ACCORDANCE AND FOR GOOD CAUSE, THE COURT HEREBY GRANTS A WAIVER OF PRE-PAYMENT OF COSTS OR FEES IN THIS MATTER. PURSUANT TO R.C. § 2323.311(B)(4), THE CLERK IS HEREBY ORDERED TO WAIVE THE ADVANCE DEPOSIT OR SECURITY. NOTICE ISSUED
  6. PON DUE CONSIDERATION OF RELATOR'S COMPLAINT AND APPLICABLE LAW, THE COURT FINDS THAT RELATOR HAS FAILED TO STATE A CLAIM AGAINST RELATORS MARTIN MANIACI AND DEBBIE MANIACI UPON WHICH RELIEF CAN BE GRANTED. ACCORDINGLY, PURSUANT TO THIS COURT'S PRIOR ORDER DATED 04/04/2025, AND FOR THE REASONING SET FORTH THEREIN, ALL CLAIM(S) AGAINST ALL RESPONDENTS ARE HEREBY DISMISSED WITH PREJUDICE PURSUANT TO CIV. R. 12(B)(6). FINAL. NO COURT COSTS. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  7. UDGMENT ENTRY(56579748) SENT BY REGULAR MAIL SERVICE. TO: DEBBIE MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  8. UDGMENT ENTRY(56579747) SENT BY REGULAR MAIL SERVICE. TO: MARTIN MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  9. UDGMENT ENTRY(56579746) SENT BY REGULAR MAIL SERVICE. TO: MUHAMMAD EURY 16775 GERARD AVENUE MAPLE HEIGHTS, OH 44237-0000
  10. ESPONDENT CITY OF GARFIELD HEIGHTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, FILED 03/11/2025, IS UNOPPOSED AND GRANTED. THE COURT WILL NOTE THAT RELATOR MUHAMMAD EURY WAS PROPERLY SERVED WITH THE MOTION AND THEN FAILED TO OPPOSE, OBJECT TO, OR OTHERWISE RESPOND TO THE MOTION IN ACCORDANCE WITH THE CIVIL RULES. "A MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED TESTS THE SUFFICIENCY OF THE COMPLAINT." DOE V. CLEVELAND METRO. SCHOOL DIST., 2012-OHIO-2497, 972 N.E.2D 637, ¶ 20 (8TH DIST.) (QUOTING STATE EX REL. HANSON V. GUERNSEY CTY. BD. OF COMMRS., 65 OHIO ST.3D 545, 548, 1992 OHIO 73, 605 N.E.2D 378 (1992). "AS LONG AS THERE IS A SET OF FACTS, CONSISTENT WITH THE PLAINTIFF'S COMPLAINT, WHICH WOULD ALLOW THE PLAINTIFF TO RECOVER, THE COURT MAY NOT GRANT A DEFENDANT'S MOTION TO DISMISS." YORK V. OHIO STATE HWY. PATROL, 60 OHIO ST.3D 143, 145, 573 N.E.2D 1063 (1991). THE COURT, HAVING PRESUMED ALL ALLEGATIONS IN THE RELATOR'S PETITION AS TRUE, AND HAVING VIEWED ALL FACTS AND INFERENCES IN THE LIGHT MOST FAVORABLE TO THE NON-MOVANT (HERE, RELATOR), FINDS THAT THE PETITION FAILS TO STATE A CLAIM FOR RELIEF PURSUANT TO CIV. R. 12(B)(6). A WRIT OF MANDAMUS IS AN EXTRAORDINARY WRIT WHICH MAY BE ISSUED ONLY WHERE RELATORS ESTABLISH A CLEAR LEGAL RIGHT TO THE RELIEF PRAYED FOR; A CLEAR LEGAL DUTY UPON RESPONDENTS TO PERFORM THE ACT REQUESTED; AND THAT RELATORS HAVE NO PLAIN AND ADEQUATE REMEDY IN THE ORDINARY COURSE OF THE LAW. CLEVELAND FIRE FIGHTERS, LOCAL 93 OF THE I.A.F.F. V. CITY OF CLEVELAND, 8TH DIST. CUYAHOGA NO. 109136, 2020-OHIO-4751, ¶ 23. RELATOR'S PETITION GENERALLY APPEARS TO SEEK RELIEF FROM JUDGMENT ENTERED IN CASE NO. CVH2470898, GARFIELD HIEIGHTS MUNICIPAL COURT. HERE, THE PETITION FAILS BECAUSE MANDAMUS WILL NOT LIE WHERE THIS IS AN ADEQUATE LEGAL OR EQUITABLE REMEDY. MANDAMUS MAY NOT BE USED TO COLLATERALLY ATTACK A JUDGMENT OF AN INFERIOR COURT UNLESS THE COURT WAS WITHOUT JURISDICTION TO RENDER THE JUDGMENT. STATE EX REL. BALLARD, 50 OHIO ST.3D 182, 553 N.E.2D 650 (1990). FURTHER, MANDAMUS WILL NOT LIE TO CONTROL JUDICIAL DISCRETION, EVEN IF THAT DISCRETION IS ABUSED. SEE R.C. § 2731.03. MANDAMUS CANNOT BE USED AS A SUBSTITUTE FOR APPEAL. STATE EX REL. VILLAGE OF RICHFIELD V. LARIA, 138 OHIO ST.3D 168, 2014-OHIO-243, 4 N.E.3D 1040, ¶ 11 (INTERNAL CITATIONS OMITTED). PURSUANT TO THE CITED AUTHORITY, RELATOR'S PETITON FOR MANDAMUS FAILS, AS THE PETITION MERELY SEEKS TO MERELY VACATE/REVERSE JURISDICTIONALLY-SOUND JUDICIAL FINDINGS IN CASE NO. CVH2470898, GARFIELD HIEIGHTS MUNICIPAL COURT. THUS, MANDAMUS WILL NOT LIE. FOR THESE REASONS, AS WELL AS ALL OTHER AUTHORITY AS SO CITED IN RESPONDENTS' MOTION TO DISMISS, RELATOR'S PETITION FAILS AS A MATTER OF LAW. ACCORDINGLY, PURSUANT TO CIV. R. 12(B)(6), THIS CASE IS DISMISSED WITH PREJUDICE AS TO RESPONDENT CITY OF GARFIELD HEIGHTS (GARFIELD HEIGHTS MUNICIPAL COURT). FURTHER, FOR THE REASONS CITED ABOVE, A REVIEW OF THE PETITION SUGGESTS THAT IT HAS NO ALLEGATIONS THAT WOULD ENTITLE THEM TO RELIEF AGAINST THE REMAINING CAPTIONED RESPONDENTS, MARTIN MANIACI AND DEBBIE MANIACI. FURTHER, MANDAMUS WILL NOT LIE TO ENFORCE A PRIVATE RIGHT AGAINST A PRIVATE PERSON. STATE EX REL. BRISTOW V. SIDOTI, 8TH DIST. CUYAHOGA NO. 78708, 2000 OHIO APP. LEXIS 6352 (DEC. 1, 2000), AT *2. UPON REVIEW, RELATOR AVERS NO FACTS WHICH ESTABLISH THAT RESPONDENTS MARTIN MANIACI AND DEBBIE MANIACI ARE NOT PRIVATE PERSONS. ACCORDINGLY, THE COURT ORDERS RELATOR TO SHOW CAUSE BY 04/30/2025 AS TO WHY THIS MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED AGAINST THE REMAINING RESPONDENTS. PURSUANT TO CIV.R. 58(B), THE CLERK OF COURTS IS DIRECTED TO SERVE THIS JUDGMENT IN A MANNER PRESCRIBED BY CIV.R. 5(B). THE CLERK MUST INDICATE ON THE DOCKET THE NAMES AND ADDRESSES OF ALL PARTIES, THE METHOD OF SERVICE, AND THE COSTS ASSOCIATED WITH THIS SERVICE. NOTICE ISSUED
  11. OTION TO DISMISS FILED CITY OF GARFIELD HEIGHTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
  12. AKE COUNTY SHERIFF DEPT SERVICE FEE $17.00
  13. ON 03/03/2025 I SERVED THE WITHIN NAMED MANIACI/DEBBIE/ BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. OUT OF COUNTY SHERIFF: LAKE COUNTY
  14. AKE COUNTY SHERIFF DEPT SERVICE FEE $17.00
  15. ON 03/03/2025 I SERVED THE WITHIN NAMED MANIACI/MARTIN/ BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON. OUT OF COUNTY SHERIFF: LAKE COUNTY
  16. ERTIFIED MAIL RETURN RECEIPT NUMBER 56234333 ADDRESSED TO LAKE COUNTY SHERIFF DEPT.// RETURNED BY THE U.S.POSTAL SERVICE ON 3/3/2025 MAIL RECEIVED AT ADDRESS AND SIGNED FOR ON ^D^
  17. ERTIFIED MAIL RETURN RECEIPT NUMBER 56234332 ADDRESSED TO LAKE COUNTY SHERIFF DEPT.// RETURNED BY THE U.S.POSTAL SERVICE ON 3/3/2025 MAIL RECEIVED AT ADDRESS AND SIGNED FOR ON ^D^
  18. UYAHOGA COUNTY SHERIFF DEPT SERVICE FEE $36.00
  19. ON 02/28/2025 I SERVED THE WITHIN NAMED GARFIELD HEIGHTS MUNICIPAL COURT BY LEAVING A TRUE AND CERTIFIED COPY THEREOF WITH ALL THE ENDORSEMENTS THEREON.
  20. HERIFF SERVICE PACKET
  21. ETITION(56234393) SENT BY CUYAHOGA SHERIFF SERVICE. TO: GARFIELD HEIGHTS MUNICIPAL COURT 5555 TURNEY ROAD CLEVELAND, OH 44125-0000
  22. ETITION(56234333) SENT BY FOREIGN SHERIFF SERVICE. TO: DEBBIE MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  23. ETITION(56234332) SENT BY FOREIGN SHERIFF SERVICE. TO: MARTIN MANIACI 10100 PINECREST ROAD CONCORD, OH 44077-0000
  24. NSTRUCTION FOR SERVICE ON D3 GARFIELD HEIGHTS BY CUYAHOGA COUNTY SHERIFF FILED. FILED.
  25. NSTRUCTION FOR SERVICE FOREIGN SHERIFF SERVICE ON D1 MARTIN MANIACI AND D2 DEBBIE MANIACI BY LAKE COUNTY SHERIFF
  26. EPOSIT AMOUNT PAID MUHAMMAD EURY
  27. EPOSIT REQUIRED FOR OUT OF COUNTY SHERIFF SERVICE THROUGH LAKE COUNTYON DEFEDANTS D1 AND D2 SHERIFF'S OFFICE $10.00 MUHAMMAD EURY
  28. UDGE JOAN SYNENBERG ASSIGNED (RANDOM)
  29. EGAL RESEARCH
  30. EGAL AID
  31. OURT SPECIAL PROJECTS FUND
  32. OMPUTER FEE
  33. LERK'S FEE
  34. EGAL NEWS
  35. FFIDAVIT OF INDIGENCY, FILED
  36. ASE FILED

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