OHIO HOSPITAL ASSN. v. COMMUNITY MUT. INS. CO.

No. 86-1242.

31 Ohio St. 3d 215 (1987)

OHIO HOSPITAL ASSOCIATION ET AL., APPELLEES, v. COMMUNITY MUTUAL INSURANCE COMPANY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 8, 1987.


Attorney(s) appearing for the Case

Bricker & Eckler, James J. Hughes and Diane M. Signoracci, for appellees.

Vorys, Sater, Seymour & Pease, Michael J. Canter, Philip W. Stichter and Shawn M. Flahive, for appellants.


QUILLIN, J.

The main issue presented is whether the trial court, which has no jurisdiction in quo warranto, has any jurisdiction to determine the rights among the parties in an action for declaratory judgment. We hold that insofar as the relief requested falls short of requiring ouster of the corporate franchise or power, the trial court has such jurisdiction. Ancillary issues relate to the appellees' standing to sue and whether they were parties to the administrative...

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