State ex rel. Carr v. McDonnell
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Carr v. McDonnell, Slip Opinion No. 2009-Ohio-6165.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2009-OHIO-6165 THE STATE EX REL. CARR, APPELLANT, v. MCDONNELL, JUDGE, ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Carr v. McDonnell, Slip Opinion No. 2009-Ohio-6165.] Appeal from denial of a complaint for writs of prohibition and mandamus Judge does not patently and unambiguously lack jurisdiction to proceed Adequate remedy at law available Judgment affirmed. (No. 2009-1020 November 18, 2009 Decided December 1, 2009.) APPEAL from the Court of Appeals for Cuyahoga County, No. 93138, 2009-Ohio-2488. __________________ Per Curiam. {¶ 1} We affirm the judgment dismissing the complaint of appellant, Leonard F. Carr, for a writ of prohibition to prevent appellee Judge John P. O Donnell of the Cuyahoga County Court of Common Pleas from exercising jurisdiction in Carr v. Acacia Country Club Co., Cuyahoga County Court of SUPREME COURT OF OHIO Common Pleas case No. CV-635329, and Carr v. Acacia Country Club Co., Cuyahoga County Court of Common Pleas case No. CV-682363, and a writ of mandamus to command appellees Judge Nancy McDonnell and Judge Eileen A. Gallagher of that court to transfer those cases from the commercial docket of Judge O Donnell to the docket of Judge Nancy M. Russo. {¶ 2} Judge O Donnell does not patently and unambiguously lack jurisdiction to proceed in these cases. See Temp.Sup.R. 1.03 and 1.04; Sup.R. 4(B) and 36. Carr has an adequate remedy by way of appeal from Judge O Donnell s rulings in the cases to raise his claim that Judge O Donnell was improperly assigned to them. See Keith v. Bobby, 117 Ohio St.3d 470, 2008Ohio-1443, 884 N.E.2d 1067, ¶ 14; State ex rel. Key v. Spicer (2001), 91 Ohio St.3d 469, 746 N.E.2d 1119 ( a claim of improper assignment of a judge can generally be adequately raised by way of appeal ); State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 30, 6 OBR 50, 451 N.E.2d 225 (mandamus and prohibition are not substitutes for appeal to contest alleged improper assignment of judge). Judgment affirmed. MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. __________________ Leonard F. Carr, L. Bryan Carr, and Robert P. DeMarco, for appellant. Benesch, Friedlander, Coplan & Aronoff, L.L.P., Robert A. Zimmerman, and Mark D. Tucker, for appellees. ______________________ 2
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