State ex rel. Dewey v. McCullion

Ohio Supreme Court

State ex rel. Dewey v. McCullion

572 N.E.2d 671, 61 Ohio St. 3d 79, 1991 Ohio LEXIS 1539

CourtOhio Supreme Court

DecidedJuly 3, 1991

DocketNo. 91-213

StatusPublished

Cited by2 cases

This text of 572 N.E.2d 671 (State ex rel. Dewey v. McCullion) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Dewey v. McCullion, 572 N.E.2d 671, 61 Ohio St. 3d 79, 1991 Ohio LEXIS 1539 (Ohio 1991).

Pincite

Opinion

Per Curiam.

Relator’s license was originally suspended on April 17, 1990. Relator appealed the suspension to the court of common pleas which on April 20, 1990 issued a stay of the suspension pursuant to R.C- 119.12. On August 9, 1990 the court upheld the suspension of relator’s license. Consequently, on [80]*80or about October 1, 1990, relator was informed by the Ohio Bureau of Motor Vehicles that his suspension would be in effect unless he obtained a court entry ordering a stay.

Relator did not seek a court entry ordering a stay, but instead filed a mandamus action in the court of appeals. The court of appeals dismissed the action stating that relator had an adequate remedy at law. This court agrees with the court below. App.R. 7(A) permits relator to apply for a stay or injunction pending appeal. This remedy being adequate at law, relator’s mandamus action is not warranted.

Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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