Fraiberg v. Cuyahoga County Court of Common Pleas

Relator asserts that a writ of prohibition should issue to prevent the trial court from proceeding with his wife’s legal separation action. To be entitled to a writ of prohibition, relator must establish (1) that the trial court is about to exercise judicial power, (2) that the exercise of such power is unauthorized by law, and (3) that denial of the writ will cause injury to relator for which no other adequate legal remedy exists. State ex rel. Barclays Bank PLC v. Hamilton Cty. Court of Common Pleas (1996), 74 Ohio St.3d 536, 540, 660 N.E.2d 458, 461. Here, it is uncontroverted that the…