Ohio Supreme Court, 1980

State ex rel. Colangelo v. McFaul

Ohio Supreme Court · Decided May 21, 1980 · Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney

62 Ohio St. 2d 200; 404 N.E.2d 745; 16 Ohio Op. 3d 239; 1980 Ohio LEXIS 719

Cases that cite this one

13 later published cases cite this decision.

State ex rel. Weiss v. Industrial Commission (Ohio 1992)
State Ex Rel. Kingsley v. State Employment Relations Board (Ohio 2011)
State ex rel. Zeller v. Village of Risingsun (Wood County Court of Common Pleas 2003)
State ex rel. Bednar v. City of North Canton (Ohio 1994)
State ex rel. Bush v. Spurlock (Ohio 1992)
State ex rel. Baran v. Fuerst (Ohio 1992)
State ex rel. Crockett v. Robinson (Ohio 1981)
State ex rel. Bednar v. N. Canton (Ohio 1994)
State ex rel. Gibbons v. City of Cleveland (Ohio 1984)
State ex rel. Villari v. City of Bedford Heights (Ohio 1984)
State ex rel. Madden v. Windham Exempted Village School District Board of Education (Ohio 1989)
State ex rel. Hamlin v. Collins (Ohio 1981)
State ex rel. Kabatek v. Stackhouse (Ohio 1981)

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.

Appellant alleges that the Court of Appeals erred when it held that appellee had no clear legal duty to pay past compensation since the State Personnel Board of Review made no ruling concerning it and that she had an adequate remedy at law for it by commencing a separate action.

We agree. “An action in mandamus is maintainable by a reinstated public employee to recover compensation due him for the period of time during which he was wrongfully excluded from his employment, provided the amount recoverable is established with certainty.” State, ex rel. Martin, v. Columbus (1979), 58 Ohio St. 2d 261, paragraph one of the syllabus. We also agree with appellant that the Court of Appeals erred in not ruling on her request for attorney’s fees. See Sorin v. Bd. of Edn. (1976), 46 Ohio St. 2d 177.

Accordingly, the judgment of the Court of Appeals as to the questions of back pay and attorney’s fees is reversed and the cause remanded to that court for further proceedings.

Judgment reversed in part and affirmed in part, and cause remanded.

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.