Ohio Supreme Court, 1975

State ex rel. Racine v. Dull

Ohio Supreme Court · Decided November 26, 1975 · Brown, Celebrezze, Corrigan, Fifth, Herbert, Neill, Ptrtman, Putman, Stern

44 Ohio St. 2d 72; 337 N.E.2d 776; 73 Ohio Op. 2d 320; 1975 Ohio LEXIS 584

Cases that cite this one

3 later published cases cite this decision.

State ex rel. Dix v. Angelotta (Ohio 1985)
In re Singer (Ohio 1976)
Lippert v. Engle (Ohio 1977)

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.

In State, ex rel. Woodbury, v. Spitler (1974), 40 Ohio St. 2d 1, 3, followed in State, ex rel. Wentz, v. Correll (1975), 41 Ohio St. 2d 101, this court held:

í < * * * Where an action is pending and undetermined in a lower court of competent jurisdiction, and where there is otherwise an adequate remedy by way of appeal, this court has no authority to determine what judgment should be rendered by the lower court.”

In the instant case, relator has an adequate remedy by way of appeal.

Accordingly, on authority of State, ex rel. Woodbury, v. Spitler, supra, and State, ex rel. Wentz, v. Correll, supra, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

O’Neill, C. J., PutmaN, CorrigaN, SterN, Celebrezze, W. BrowN and P. BrowN, JJ., concur. PtrTMAN, J., of the Fifth Appellate District, sitting for Herbert, J.

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