Ohio Supreme Court, 1982

Creasy v. Waller

Ohio Supreme Court · Decided July 28, 1982 · Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney

1 Ohio St. 3d 93; 438 N.E.2d 414; 1 Ohio B. 129; 1982 Ohio LEXIS 710

Cases that cite this one

3 later published cases cite this decision.

State ex rel. DeMora v. LaRose (Slip Opinion) (Ohio 2022)
State Ex Rel. Mosser Construction, Inc. v. City of Toledo (Ohio Ct. App. 1996)
State Ex Rel. Yacobozzi v. Lorain County Board of Elections (Ohio Ct. App. 1985)

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.

For a writ of mandamus properly to issue, three conditions must be met. These conditions are clearly set forth in paragraph one of the syllabus in State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42 [15 O.O.3d 53], where this court stated:

“In order to grant a writ of mandamus, a court must find that the relator has a clear legal right to the relief prayed for, that the respondent is under a clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. (State, ex rel. Harris, v. Rhodes, 54 Ohio St. 2d 41 [8 O.O. 36].)”

*94Assuming, arguendo, the existence of the requisite clear legal right and duty, relator herein still fails to satisfy the three-pronged test for the issuance of a writ of mandamus as he indeed possesses a “plain and adequate remedy at law.” That remedy lies in the form of an action on account, to compel restitution of the money collected from the noncustodial parents and retained by the county. Moreover, no need now exists to grant a writ of mandamus directed at halting the prospective enforcement of the subject order as the Court of Common Pleas of Lawrence County has already rescinded the order.

Accordingly, the writ of mandamus is denied.

Writ denied.

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

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