State ex rel. Heyside v. Calabrese
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The Supreme Court affirmed Appellant's complaint for a writ of prohibition to prevent Cuyahoga County Common Pleas Court Judge Deena Calabrese from exercising jurisdiction in the underlying matter brought to enforce a divorce decree, holding that the court of appeals properly dismissed the complaint for failure to state a claim.
In 2016, the divorce decree at issue was entered dissolving the marriage of Neil and Erica Heyside. Erica later sued Neil in the general division of the common pleas court alleging that Neil owed her thousands of dollars in spousal support and seeking to enforce the property division under the decree. Neil filed a motion to dismiss, which the trial court denied. Neil then filed a complaint for a writ of prohibition seeking to have Judge Calabrese barred from continuing to exercise judicial power over Erica's lawsuit. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed, holding that that the general division of the common pleas court did not patently or unambiguously lack jurisdiction over Erica's lawsuit.
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