Legal Opinion

State ex rel. Smith v. Avellone

Ohio Supreme Court

Decided May 27, 1987No. 86-780PublishedCited by 5 opinions

1Per curiam

In order for a writ of prohibition to issue, appellant must establish that appellee is about to exercise judicial power, that the exercise of such judicial power is not legally authorized, and that injury will result for which there is no adequate remedy at law. Schucker v. Metcalf (1986), 22 Ohio St. 3d 33, 37, 22 OBR 27, 31, 488 N.E. 2d 210, 214; State, ex rel. Johnson, v. Perry County Court (1986), 25 Ohio St. 3d 53, 58, 25 OBR 77, 81, 495 N.E. 2d 16, 21.

A review of the facts demonstrates that appellant has failed to satisfy these requirements. Appellant currently has a motion pending…

2Cases cited5 opinions

  1. State ex rel. Johnson v. County CourtOhio Supreme Court · 1986
  2. Schucker v. MetcalfOhio Supreme Court · 1986
  3. State ex rel. Smith v. Court of Common PleasOhio Supreme Court · 1982
  4. State ex rel. Board of County Commissioners v. Court of Common Pleas of Butler CountyOhio Supreme Court · 1978
  5. State ex rel. Houk v. Court of Common Pleas of Ross CountyOhio Supreme Court · 1977

3Cited by5 opinions

  1. Goldstein v. ChristiansenOhio Supreme Court · 1994
  2. State ex rel. Connor v. McGoughOhio Supreme Court · 1989
  3. State ex rel. Ruessman v. FlanaganOhio Supreme Court · 1992
  4. Goldstein v. ChristiansenOhio Supreme Court · 1994
  5. State ex rel. Wolfe v. CloseOhio Supreme Court · 1990

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