STATE EX REL. SMITH v. SMITH

No. 95-1215.

75 Ohio St.3d 418 (1996)

THE STATE EX REL. SMITH, APPELLEE, v. SMITH, JUDGE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 10, 1996.


Attorney(s) appearing for the Case

Mary Ann S. Johanek, for appellee.

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Gregory B. Rowinski and Jeffrey I. Sherwin, Assistant Prosecuting Attorneys, for appellant Judge Burke E. Smith.

Kohrman, Jackson & Krantz and Barbara K. Roman, for appellant Johnson.


Per Curiam.

Appellants assert that the court of appeals erred in granting the writ of prohibition. In order to be entitled to a writ of prohibition, appellee had to establish that Judge Smith was about to exercise judicial or quasi-judicial authority, that the exercise of that power was unauthorized by law, and that denying the writ would have resulted in injury for which no other adequate remedy existed in the ordinary course of law. State ex rel. Sellers...

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