Ohio Supreme Court, 1971

State ex rel. Dickison v. Court of Common Pleas

Ohio Supreme Court · Decided December 22, 1971 · Corrígan, Herbert, Leach, Neill, Schneider, Stern

28 Ohio St. 2d 179; 277 N.E.2d 210; 57 Ohio Op. 2d 411; 1971 Ohio LEXIS 583

Cases that cite this one

14 later published cases cite this decision.

State Ex Rel. B & C Machine Co. v. Industrial Commission (Ohio 1992)
Trinity Health System v. Mdx Corp. (Ohio Ct. App. 2009)
McAuley v. Smith (Ohio Ct. App. 1999)
Walther v. Walther (Ohio Ct. App. 1995)
Owens-Corning Fiberglas Corp. v. Allstate Insurance Co. (Lucas County Court of Common Pleas 1993)
Arbor Health Care Co. v. Jackson (Ohio Ct. App. 1987)
State ex rel. Gonzales v. Patton (Ohio 1975)
Burchwell v. Warren Cty. (Ohio Ct. App. 2014)
State ex rel. Smith v. Court of Common Pleas (Ohio 1982)
Schomaeker v. First National Bank of Ottawa (Ohio 1981)
State ex rel. Henry v. Britt (Ohio 1981)
State ex rel. Fairport, Painesville & Eastern Railway Co. v. Common Pleas Court of Lake County (Ohio 1978)
State ex rel. Dormody v. McClure (Ohio 1977)
State ex rel. Adams v. Gusweiler (Ohio 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The statutory authority for courts of record in this state to hear declaratory judgment actions is E. C. 2721.02.

Whether to proceed in a declaratory relief action is a matter for the determination of the trial court in the first instance. Following such determination appropriate appellate procedures are available to the parties.

Prohibition will not lie where there is a plain and adequate remedy in the ordinary course of th» law. State, ex rel. Bartlett, v. Baynes (1969), 20 Ohio St. 2d 129; State, ex rel. Winnefeld, v. Court of Common Pleas (1953), 159 Ohio St. 225.

It should be manifestly clear that our decision to deny the writ in this case is not based on Ohio Farmers Indemnity Co. v. Chames (1959), 170 Ohio St. 209. In that case, the determination of “permission” did not affect the issues in the personal injury action. In the instant case, the question of “course and scope of employment” ts one of the issues in the personal injury action.

Writ denied.

O’Neill, C. J., Schneider, Herbert, Corrígan, Stern- and Leach, J.J., concur.*

Case-law data current through December 31, 2025. Source: CourtListener bulk data.