State ex rel. Lewis v. Moser

Relators argue that Judge Powell has no authority to adjudicate Counts II and IV of their complaint because the probate court’s limited jurisdiction under R.C. 2101.241 does not include claims for compensatory and punitive *27damages. Respondent contends that (1) the probate court has exclusive jurisdiction over claims against an executor for conversion and other breaches of fiduciary duties in the administration of an estate, (2) relators had an adequate remedy in the ordinary course of law by way of appeal, and (3) laches bars issuance of the writ.

For a writ of mandamus to issue, relators must…