STATE, EX REL. SCHNEIDER, v. NORTH OLMSTED BD. OF EDN.

No. 87-523.

39 Ohio St. 3d 281 (1988)

THE STATE, EX REL. SCHNEIDER, APPELLEE, v. BOARD OF EDUCATION OF THE NORTH OLMSTED CITY SCHOOL DISTRICT, APPELLANT.

Supreme Court of Ohio.

Decided November 9, 1988.


Attorney(s) appearing for the Case

Francis X. Cook, for appellee.

Squire, Sanders & Dempsey, Kenneth B. Stark and Neil E. Klingshirn, for appellant.


Per Curiam.

Because the order of the Eighth District Court of Appeals stated that "[t]here is an adequate remedy at law," the board argues that it was a final decision on the merits of Schneider's mandamus action, barring any further such action by him.

"* * * [T]he principle of res judicata * * * is that `a final judgment or decree rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction is conclusive of rights...

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