McAuley v. Smith

In his propositions of law, McAuley asserts that the court of appeals erred in sua sponte dismissing his complaint for a writ of prohibition. Sua sponte dismissal without notice is appropriate only if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Fogle v. Steiner (1995), 74 Ohio St.3d 158, 161, 656 N.E.2d 1288, 1292. The court of appeals here did not give the parties prior notice of its intention to dismiss and the opportunity to respond. Therefore, we must determine whether McAuley’s claims are frivolous or obviously…