STATE EX REL. RIVERSIDE METHODIST HOSP. v. GILLIE

No. 78-829.

58 Ohio St. 2d 49 (1979)

THE STATE, EX REL. RIVERSIDE METHODIST HOSPITAL, APPELLEE, v. GILLIE, JUDGE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 25, 1979.


Attorney(s) appearing for the Case

Messrs. Bricker, Evatt, Barton & Eckler, Mr. Bruce G. Lynn and Mr. Marshall L. Lerner, for appellee.

Messrs. Wolske & Blue, Mr. Walter J. Wolske, Jr., and Mr. Dennis M. McCarthy, for appellants Mary T. and Earl LaValley.

Mr. George C. Smith, prosecuting attorney, and Mr. Richard W. Siehl, for appellant William T. Gillie, Judge.


Per Curiam.

Appellants argue, inter alia, that the determination of the trial court that R. C. 2711.21 is unconstitutional is a discretionary judicial decision, challengeable by an appropriate direct appeal. Appellants assert further that such procedure affords appellee an adequate remedy in the ordinary course of the law. We agree.

"Extraordinary remedies * * * [such as] mandamus * * * are available only when usual forms of procedure are incapable...

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