On Tuesday, June 2, 2026, James E. Lundeen filed a notice of appeal in the Ohio Supreme Court, challenging a ruling that dismissed his complaint for a writ of mandamus.
The appeal stems from a decision made by Judge Sherrie Miday of the Cuyahoga County Court of Common Pleas, who dismissed Lundeen’s complaint on April 21, 2026. Lundeen, who is representing himself, argues that Judge Miday lacked the jurisdiction to grant a motion for judgment on the pleadings to dismiss his counterclaim.
The original case involved a forcible entry and detainer action filed on January 24, 2025, by George Troicky against Lundeen and others, seeking eviction from a property located at 2380 Overlook Road, Cleveland Heights, Ohio.
Lundeen subsequently filed a counterclaim for “false light invasion of property,” seeking damages exceeding $25,000. This counterclaim led to the case being transferred to the Cuyahoga County Common Pleas Court, where Judge Miday was assigned as the trial judge.
On September 30, 2025, Judge Miday granted Troicky’s motion for judgment on the pleadings, dismissing Lundeen’s counterclaim with prejudice, stating that it did not establish the elements of false light invasion of privacy. Lundeen then filed his complaint for a writ of mandamus, seeking to compel Judge Miday to vacate the order dismissing his counterclaim.
In its ruling, the Court of Appeals found that Lundeen had not established a clear legal right to the relief sought, nor a clear legal duty on the part of Judge Miday. The court also determined that an appeal serves as an adequate remedy in the ordinary course of law, precluding the need for a writ of mandamus.
Furthermore, the court declared the Lundeens as vexatious litigators, prohibiting them from filing further appeals or original actions without obtaining leave from the court, due to their history of repeatedly filing meritless actions.
The court granted Judge Miday’s motion to dismiss, with costs to the Lundeens, and dismissed the complaint.
A copy of the original filing can be found here.
