McNeal v. Miami County Children's Services Board

We affirm the judgment of the court of appeals on the basis that McNeal had an adequate remedy at law through appeal.

In In re Davis (1985), 18 Ohio St.3d 226, 18 OBR 285, 480 N.E.2d 775, we affirmed earlier cases holding that habeas corpus may not be used as a substitute for appeal. The trial court’s March 15, 1990 order granting temporary custody to the board was a final, appealable order, In re Murray (1990), 52 Ohio St.3d 155, 556 N.E.2d 1169, and McNeal did appeal. App.R. 3(E) authorizes a court of appeals to allow the amendment of a timely filed notice of appeal “within its discretion…