Legal Opinion
State ex rel. Fraternal Order of Police, Ohio Labor Council, Inc. v. Court of Common Pleas
Ohio Supreme Court
Decided July 22, 1996No. 96-1563PublishedCited by 37 opinions
1Opinion of the CourtDouglas, J.
In order for a writ of prohibition to issue, FOP/OLC must establish that (1) respondents are about to exercise judicial power, (2) the exercise of judicial power is legally unauthorized, and (3) if the writ is denied, FOP/OLC will incur injury for which no 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. It is evident here that respondents have and are continuing to exercise judicial authority in the underlying action.
As to the remaining requirements for a writ of prohibition, prohibition…
2Cases cited7 opinions
- Franklin County Law Enforcement Ass'n v. Fraternal Order of Police, Capital City Lodge No. 9Ohio Supreme Court · 1991
- State ex rel. Enyart v. O'NeillOhio Supreme Court · 1995
- State ex rel. Barclays Bank PLC v. Court of Common PleasOhio Supreme Court · 1996
- State ex rel. Newton v. Court of ClaimsOhio Supreme Court · 1995
- City of East Cleveland v. East Cleveland Firefighters Local 500Ohio Supreme Court · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Fort Frye Teachers Ass'n v. State Employment Relations BoardOhio Supreme Court · 1998
- State ex rel. White v. JunkinOhio Supreme Court · 1997
- State ex rel. Rootstown Local School District Board of Education v. Portage County Court of Common PleasOhio Supreme Court · 1997
- State ex rel. Dannaher v. CrawfordOhio Supreme Court · 1997
- Ft. Frye Teachers Assn., OEA/NEA v. State Emp. Relations Bd.Ohio Supreme Court · 1998
32 more not listed; retrieve them via the Exa API.