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Braswell v. Duncan11/26/1997
iscovery bears the obligation of seeking an order to compel responses. Civ.R. 37. The court is not automatically involved. The party seeking discovery must take affirmative action in the form of a motion to compel in order to invoke the court's intervention. Delguidice v. Randall Park Mall (June 4, 1992), Cuyahoga App. No. 60625, unreported at 4. That was not done.
Assignment of Error III is overruled.
Judgment affirmed.
It is ordered that appellees recover of appellants its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
BLACKMON, P.J., and NAHRA, J., CONCUR.
JAMES M. PORTER JUDGE
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