State ex rel. Gray v. Kimbler
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint seeking an order prohibiting the general division judge from exercising further authority over some of the claims in the underlying case, holding that the court of appeals properly dismissed the complaint.
Appellant brought an action against the estate of his ex-wife in the general division of the court of common pleas seeking to recover funds to which Appellant claimed he was entitled under the former spouses' separation agreement. The state filed a counterclaim against Appellant. The trial court ruled (1) Appellant was entitled to $15,353, but there were genuine issues that precluded summary judgment on his remaining claims; and (2) the estate was entitled to partial summary judgment on its counterclaims. Appellant then filed a complaint for a writ of prohibition seeking to prevent the judge from taking further action on the estate's counterclaim. The court of appeals dismissed the complaint. The Supreme Court affirmed, holding that the general division did not patently or unambiguously lack subject-matter jurisdiction, and Appellant had an adequate legal remedy by way of direct appeal.
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