State ex rel. Red Head Brass, Inc. v. Holmes County Court of Common Pleas

Red Head contends that the court of appeals erred by denying the requested writ of prohibition. In its propositions of law, Red Head asserts that Judge White and the Holmes County Court of Common Pleas lacked jurisdiction to proceed in Eliot and MacMillan’s Holmes County case because the jurisdictional priority rule vested exclusive jurisdiction over their claims in the previously filed Cuyahoga County case.

The jurisdictional priority rule provides that “ ‘[a]s between [state] courts of concurrent jurisdiction, the tribunal whose power is first invoked by the institution of proper proceedings…