State ex rel. Fite v. Saddler

We grant respondents’ motion for summary judgment and deny the writ.

Respondents first state that summary judgment is appropriate because the only factual issue in dispute—whether Schisler learned that his filing fee was deficient on the evening of February 21, 1991, the last day for filing, or on the next day, February 22, 1991—is immaterial. We agree and find that there is no genuine issue as to any material fact. Civ.R. 56(C).

*172Respondents next argue that, as no quasi-judicial act took place, prohibition is an improper remedy. They cite several cases in which this court has declared that the…