Legal Opinion

State ex rel. Simms v. Sutula

Ohio Supreme Court

Decided February 18, 1998No. 97-1812PublishedCited by 17 opinions

1Per curiam

We affirm the judgment of the court of appeals. The court of appeals correctly held that original’actions for extraordinary relief, e.g., a writ of procedendo, must be commenced by filing a complaint or petition rather than a motion. Civ.R. 3(A) (“A civil action is commenced by filing a complaint with the court * * *.”); Loc.App.R. 8(B)(1) of the Court of Appeals .for the Eighth Appellate District (“These original actions shall be instituted by the filing of a verified complaint * * *.”); cf. Myles v. Wyatt (1991), 62 Ohio St.3d 191, 580 N.E.2d 1080, 1081, where we affirmed the dismissal of a…

2Cases cited1 opinion

  1. Myles v. WyattOhio Supreme Court · 1991

3Cited by17 opinions

  1. State ex rel. Brantley v. GheeOhio Supreme Court · 1998
  2. Fipps v. DayOhio Court of Appeals · 2022
  3. State Ex Rel. Foster v. Buchanan, Unpublished Decision (4-26-2006)Ohio Court of Appeals · 2006
  4. Cotton v. SheldonOhio Court of Appeals · 2014
  5. Lakeland Bolt Nut Co. v. Grdina, 89955 (6-13-2007)Ohio Court of Appeals · 2007

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