State ex rel. Consortium for Economic & Community Development For Hough Ward 7 v. Russo
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The Supreme Court affirmed the court of appeals’ denial of Appellant’s complaint for a writ of prohibition against Cuyahoga County Common Pleas Court Judge Richard McMonagle, holding that the jurisdictional-priority rule has no applicability when the cases at issue are pending in the same court.
Appellant, Consortium for Economic and Community Development for Hough Ward 7, owned real property (“the parcel”) in Cuyahoga County that was adjacent to property owned by the Oak Leadership Institute. Oak Leadership filed an action in Cuyahoga County Common Pleas Court to quiet title to the parcel. Thereafter, a tax foreclosure suit relating to the parcel was filed in Cuyahoga County Common Pleas Court. Appellant sought a writ of prohibition against Judge McMonagle, arguing that, even though the quiet-title lawsuit was filed first, the foreclosure lawsuit had jurisdiction priority because it first perfected service of process over all the interested parties. The court of appeals denied the writ, thus rejecting Appellant’s theory of jurisdictional priority. The Supreme Court affirmed, holding that the jurisdictional-priority rule has no applicability when the cases are pending in the same court.
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