Ohio Supreme Court, 1996

State ex rel. Robinson v. Cuyahoga County Common Pleas Court

Ohio Supreme Court · Decided April 17, 1996 · Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright

75 Ohio St. 3d 431; 662 N.E.2d 798

Cases that cite this one

4 later published cases cite this decision.

Thomasson v. Thomasson (Slip Opinion) (Ohio 2018)
In re Conservatorship of Ahmed, Unpublished Decision (6-16-2003) (Ohio Ct. App. 2003)
State ex rel. Robinson v. Cuyahoga Cty. Court of Common Pleas (Ohio 1996)
State ex rel. Robinson v. Cuyahoga Cty. Court of Common Pleas (Ohio 1996)

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.

We agree with the court of appeals. Since Sturges v. Longworth (1853), 1 Ohio St. 544, we have approved of a court of common pleas’ appointing a guardian ad litem, literally a guardian for the case, who has no duties prior to the institution of a suit or after its termination but whose sole duty is to defend in a particular cause. Civ.R. 17(B) authorizes a court, as incident to its power to try a case, to order the appointment of a guardian ad litem. Robinson’s remedy was appeal from that order. Mandamus will not issue where, as here, there was an adequate remedy at law.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

*432Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Wright, J., not participating.

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