State ex rel. Rouault v. Cuyahoga County Common Pleas Court
Cases that cite this one
4 later published cases cite this decision.
- Pistner v. Baxter (Ohio Ct. App. 1981)
- State ex rel. Board of County Commissioners v. Court of Common Pleas of Butler County (Ohio 1978)
- State ex rel. Special Prosecutors v. Judges (Ohio 1978)
- State ex rel. Flower v. Rocker (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
The issue raised in this cause is whether a writ of prohibition should issue. The conditions prerequisite to issuance of a writ of prohibition include:
“* * * (1) The court or officer against whom it is sought must be about to exercise a judicial or quasi-judicial power; (2) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy; (3) the exercise of such power must amount to an unauthorized usurpation of judicial power.” State, ex rel. Northern Ohio Telephone Co., v. Winter (1970), 23 Ohio St. 2d 6, 8.
Since prohibition will not lie unless all three prerequisites are met, and since appellant has a “plain and adequate remedy in the ordinary course of law,” the writ must be .denied. State, ex rel. Stefanick, v. Municipal Court (1970), 21 Ohio St. 2d 102, 104. In the instant cause, appellant has a right of appeal from a Common Pleas Court decision on Kraus’ motions for intervention and for summary judgment. The judgment of the Court of Appeals, denying the writ, is therefore affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.