Ohio Supreme Court, 1977

State ex rel. Woods v. Gagliardo

State ex rel. Woods v. Gagliardo
Ohio Supreme Court · Decided March 2, 1977 · Brown, Celebrezze, Herbert, Locher, Neill, Sweeney
49 Ohio St. 2d 196; 360 N.E.2d 705; 3 Ohio Op. 3d 279; 1977 Ohio LEXIS 340

State ex rel. Woods v. Gagliardo

Opinion of the Court

Per Curiam.

Appellee Woods, in effect, asks the Court of Appeals to reaffirm its decision in Walker v. Stokes, supra, and, thereby, reverse an interlocutory order of the trial court. A proceeding in mandamus is not a substitute for an appeal and it is not a vehicle for review ,of an interlocutory order of a lower court. State, ex rel. Dargett, v. Gessaman (1973), 34 Ohio St. 2d 55; State, ex rel. Overmeyer, v. Walinski (1966), 8 Ohio St. 2d 23.

Appellee has an adequate remedy by way of appeal. The judgment of the Court of Appeals granting the writ is, therefore, reversed.

Judgment reversed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

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