Legal Opinion

State ex rel. Sellers v. Gerken

Ohio Supreme Court

Decided April 26, 1995No. 94-1853PublishedCited by 50 opinions

1Per curiam

To obtain a writ of prohibition, Sellers was required to establish (1) that appellees were about to exercise judicial or quasi-judicial power, (2) that the exercise of that power was unauthorized by law, and (3) that denying the writ would result in injury for which no other adequate remedy existed in the ordinary course of law. State ex rel. Fowler v. Smith (1994), 68 Ohio St.3d 357, 359, 626 N.E.2d 950, 952. It is uncontroverted that at the time that Sellers initiated his prohibition action, Judge Gerken had overruled his motion to dismiss the Hocking County defamation action and was about…

2Cases cited13 opinions

  1. Canadian Helicopters Ltd. v. WittigTexas Supreme Court · 1994
  2. Goldstein v. ChristiansenOhio Supreme Court · 1994
  3. Krahn v. KinneyOhio Supreme Court · 1989
  4. State ex rel. Fowler v. SmithOhio Supreme Court · 1994
  5. State ex rel. Phillips v. PolcarOhio Supreme Court · 1977

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3Cited by50 opinions

  1. State ex rel. Crandall, Pheils & Wisniewski v. DeCessnaOhio Supreme Court · 1995
  2. State ex rel. Dannaher v. CrawfordOhio Supreme Court · 1997
  3. State ex rel. Shimko v. McMonagleOhio Supreme Court · 2001
  4. State ex rel. A & D Limited Partnership v. KeefeOhio Supreme Court · 1996
  5. State ex rel. Otten v. HendersonOhio Supreme Court · 2011

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