State ex rel. M.D. v. Kelsey

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Justia Opinion Summary

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's complaint seeking a writ of procedendo against the Cuyahoga County Court of Common Pleas, Division of Domestic Relations, holding that Appellant was entitled to a writ of procedendo.

M.D., the defendant in a divorce case, commenced this procedendo action in the court of appeals seeking a writ of procedendo compelling the domestic relations court to proceed in the divorce case and a domestic violence civil protection order (DVCPO) case, both of which had been pending since May 31, 2017. The court of appeals dismissed the action. The Supreme Court reversed, holding that the divorce and DVCPO cases far exceeded the time frames stated in the guidelines set by the Rules of Superintendence for the Court of Ohio.

Primary Holding

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's complaint seeking a writ of procedendo against the Cuyahoga County Court of Common Pleas, Division of Domestic Relations, holding that Appellant was entitled to a writ of procedendo.


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