O'Neill v. Mayberry, Wd-08-077 (3-9-2009)

DECISION AND JUDGMENT

{¶ 1} Petitioner, David O'Neill, filed a petition for a writ of prohibition against the Honorable Alan R. Mayberry, Judge of the Wood County Court of Common Pleas, General Division. In the petition, O'Neil requests that this court issue a writ of prohibition, pursuant to R.C. Chapter 2731, ordering respondent to refrain from exercising jurisdiction by conducting a jury trial.

{¶ 2} We issued an alternative writ and ordered respondent either to refrain from performing the act or show cause by filing an answer. Respondent filed an answer, and both parties have filed motions…