Ohio Supreme Court, 1980

State ex rel. La Boiteaux Co. v. Court of Common Pleas

Ohio Supreme Court · Decided January 16, 1980 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

61 Ohio St. 2d 60; 399 N.E.2d 90; 15 Ohio Op. 3d 85; 1980 Ohio LEXIS 611

Cases that cite this one

11 later published cases cite this decision.

State Ex Rel. Jefferys v. Watkins (Ohio Ct. App. 1994)
State Ex Rel. Auto-Owners Insurance v. Wortham (Ohio Ct. App. 2008)
State Ex Rel. ABX Air, Inc. v. Ringland (Ohio Ct. App. 2002)
State Ex Rel. Dental Care Plus, Inc. v. Sunderland (Ohio Ct. App. 1999)
Williams v. Banner Buick, Inc. (Ohio Ct. App. 1989)
State v. Lucas, Unpublished Decision (9-17-2004) (Ohio Ct. App. 2004)
State Ex Rel. Hills C. v. Bd., Elec., Unpublished Decision (10-18-2000) (Ohio Ct. App. 2000)
State Ex Rel. Goldberg v. Probate Court, Unpublished Decision (11-14-2000) (Ohio Ct. App. 2000)
Miami Valley Hospital v. Payson, Unpublished Decision (12-17-1999) (Ohio Ct. App. 1999)
State Ex Rel. Dental Care v. Sunderland, Unpublished Decision (11-5-1999) (Ohio Ct. App. 1999)
People v. Barber, Unpublished Decision (2-25-1998) (Ohio Ct. App. 1998)

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.

Three conditions must exist to support the issuance of a writ of prohibition: (1) the court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power, (2) the exercise of such power must be clearly unauthorized by law, and (3) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy in the ordinary course of law. State, ex rel. Bell, v. Blair (1975), 43 Ohio St. 2d 95. Any action to be taken by appellee court has not been demonstrated to be unauthorized by law. Thus, an action in prohibition is improper here.

For the above reason we affirm the dismissal of the action by the Court of Appeals.

Judgment affirmed.

Celebrezze, C. J., Herbert, W. Brown, P. Brown, Sweeney, Locher and Holmes, JJ., concur.

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