State ex rel. Whittenberger v. Clarke

Ohio Supreme Court
State ex rel. Whittenberger v. Clarke, 89 Ohio St. 3d 207 (Ohio 2000)
729 N.E.2d 756
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

State ex rel. Whittenberger v. Clarke

Opinion of the Court

Per Curiam.

We affirm the judgment of the court of appeals. A writ of mandamus will not be issued when there is a plain and adequate remedy in the ordinary course of the law. R.C. 2731.05; State ex rel. Natl. Electrical Contractors Assn., Ohio Conference v. Ohio Bur. of Emp. Serv. (1998), 83 Ohio St.3d 179, 183, 699 N.E.2d 64, 67. As the court of appeals held, Whittenberger had an adequate remedy by appeal to challenge the common pleas court’s imposition of court costs.

Judgment affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Reference

Full Case Name
The State ex rel. Whittenberger v. Clarke, Clerk of Courts, Tuscarawas County
Cited By
11 cases
Status
Published