Legal Opinion

State ex rel. Cully v. Flanagan

Ohio Supreme Court

Decided April 18, 1990No. 89-1656Published

1Per curiam

Cully contended in her complaint that Flanagan had no jurisdiction or authority to proceed with the eviction prior to the adjudication of plaintiff’s counterclaim by the trial court, and that she had no adequate remedy at law because she could not appeal her eviction in the forcible entry and detainer case as there was no final appealable order. An action in prohibition will lie only if three conditions are met. These conditions are:

«* * * (p, The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be…

2Cases cited3 opinions

  1. State ex rel. McKee v. CooperOhio Supreme Court · 1974
  2. State Ex Rel. Moss v. ClairOhio Supreme Court · 1947
  3. Waxler v. SmithOhio Court of Appeals · 1953

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