State v. Comstock
State v. Comstock
Opinion of the Court
{¶ 1} On October 31, 2017, the relator, Jack El Turk, commenced Eighth District No. 106444, against the respondents, Judge Mark Comstock, Magistrate Robert Lazzaro, and the Berea Municipal Court, as a prohibition action to prevent them from adjudicating the underlying action, Subway Real Estate, L.L.C. v. El Turk, Berea M.C. No. 17CVG02090. El Turk also commenced Eighth District No. 106446 *1124against the same respondents as a mandamus action to compel them to certify the underlying case to common pleas court, because the counterclaims caused the entire case to exceed the monetary jurisdiction of the municipal court. This court consolidated the two writ actions and allowed Subway Real Estate, L.L.C. to intervene. This court issued an alternative writ ordering the respondents to transfer the underlying case to the common pleas court or to show cause why the writ should not issue. This order further provided that the respondents not adjudicate the merits of the underlying case until further order from this court. Rather than certify the underlying case, the respondents filed their briefs to show cause. The relator and the intervenor also filed briefs and evidence. Thus, this matter is ripe for determination. For the following reasons, this court grants the writ of mandamus and orders the respondents to certify the entire underlying case to the Cuyahoga County Common Pleas Court.
{¶ 2} As gleaned from the filings, since approximately May 2007, El Turk has had a Subway franchise at 15007 Snow Road in Brookpark, within the territorial jurisdiction of the Berea Municipal Court. The franchise is through Doctor's Associates, Inc., but Subway Real Estate, L.L.C., is the landlord. Doctor's Associates obtained an arbitration award in Connecticut in January 2017, that El Turk had breached the franchise agreement by not following procedure. A Connecticut court affirmed the arbitration award. However, the parties had supposedly reached a settlement that would allow El Turk to sell his franchise, but Doctor's Associates found none of the buyers acceptable.
{¶ 3} On September 7, 2017, Subway Real Estate commenced the underlying forcible entry and detainer action based on breach of the franchise agreement. On September 26, 2017, El Turk filed a counterclaim/third-party complaint alleging over $25,000 in damages for claims of constructive eviction, tortious interference with contract, and civil conspiracy. El Turk also moved to certify the entire case to common pleas court.
{¶ 4} On October 11, 2017, the magistrate recommended that the court deny the motion to certify in part and grant in part, by retaining the case until the forcible entry and detainer action is resolved and then certifying the counterclaims and third-party claims to the common pleas court. The magistrate cited Swenson's Ice Cream Co. v. Cleveland Swenson's Inc.,
{¶ 5} The requisites for mandamus are well established: (1) the relator must have a clear legal right to the requested relief, (2) the respondent must have a clear legal duty to perform the requested relief, and (3) there must be no adequate remedy at law. State ex rel. Ney v. Niehaus ,
*1125State ex rel. Taylor v. Glasser ,
{¶ 6} R.C. 1901.17 limits the municipal court's monetary jurisdiction to $15,000. R.C. 1901.22(E) and Civ.R. 13(J) provide that if a counterclaim claim exceeds the jurisdictional amount of the municipal court, the judge shall certify the proceedings to the court of common pleas. However, the municipal court is authorized to examine the new claims to determine whether they state authentic claims that exceed its monetary jurisdiction; it is not required to certify cases to the common pleas court based solely upon the amount stated in the demand. Lewallen v. Mentor Lagoons, Inc.,
{¶ 7} If the counterclaims are authentic claims that exceed the court's monetary jurisdiction, then the claims should not be bifurcated, and the entire case, including the forcible entry and detainer claim, must be certified to the common pleas court, as required by the statute. State ex rel. Penn v. Swain,
{¶ 8} Similarly, other courts have ruled that if the new claims are proper and exceed the municipal court's monetary jurisdiction, then the statute and the rule require transfer of the entire case. In Pete's Grill, Inc. v. Entercorp , 8th Dist. Cuyahoga No. 61547,
Appellant's contention is premised on the false assumption that the Lyndhurst Municipal Court had the authority to retain the forcible entry and detainer action while certifying the counterclaims and third-party complaint to the trial court. * * * when such an action includes claims over which the municipal court does not have jurisdiction, the municipal court must certify the entire case to the court of common pleas.
See Bohinc v. Stafford, 8th Dist. Cuyahoga No. 52335,
{¶ 9} The respondents argue that they have basic statutory jurisdiction to decide forcible entry and detainer actions, that the law grants them discretion as to when and how to rule on the counterclaims, and that appeal is an adequate remedy at law to determine whether they correctly handled the counterclaims.
*1126{¶ 10} Respondents rely on Lewallen,
{¶ 11} State ex rel. Fegan v. Berea Mun. Court, 8th Dist. Cuyahoga No. 77936,
{¶ 12} Accordingly, this court issues the writ of mandamus and orders the respondents to certify the underlying case, Subway Real Estate, L.L.C. v. El Turk, Berea M.C. No. 17CVG02090, including the forcible entry and detainer claim, to the Cuyahoga County Common Pleas Court. The writ of prohibition and the alternative writ are rendered moot. Respondents to pay costs; costs waived. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).
{¶ 13} Writ of mandamus granted.
KATHLEEN ANN KEOUGH, P.J., and MELODY J. STEWART, J., CONCUR
Case-law data current through December 31, 2025. Source: CourtListener bulk data.