Legal Opinion

State ex rel. Shoop v. Mitrovich

Ohio Supreme Court

Decided May 11, 1983No. 82-463PublishedCited by 10 opinions

1Opinion of the CourtKoehler, J.

It is well-established that in order for a writ of prohibition to issue, the relator must show the following:

“(1) The court or officer against whom it is sought must be about to exercise judicial or quasi-judicial power; (2) the exercise of such power must be *221unauthorized by law; (3) it must appear that the refusal of the writ would result in injury for which there is no adequate remedy.” State, ex rel. Lehmann, v. Cmich (1970), 23 Ohio St. 2d 11 [52 O.O.2d 32].

Although relator is able to establish the first element, he cannot substantiate the second and third. Relative to the second element,…

2Cases cited7 opinions

  1. State Ex Rel. Turner v. AlbinOhio Supreme Court · 1928
  2. State ex rel. Gilla v. FellerhoffOhio Supreme Court · 1975
  3. State ex rel. Lehmann v. CmichOhio Supreme Court · 1970
  4. State v. SchwabOhio Supreme Court · 1924
  5. DuBose v. Court of Common Pleas of Trumbull CountyOhio Supreme Court · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Denovchek v. Board of Trumbull County CommissionersOhio Supreme Court · 1988
  2. State ex rel. Bitter v. MissigOhio Supreme Court · 1995
  3. State ex rel. Beacon Journal Publishing Co. v. WatersOhio Supreme Court · 1993
  4. State v. Alexander, 08ca3221 (3-24-2009)Ohio Court of Appeals · 2009
  5. State v. HolmesOhio Court of Appeals · 2019

5 more not listed; retrieve them via the Exa API.

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