State ex rel. Engelhart v. Russo

2012 Ohio 47, 131 Ohio St. 3d 137
CourtOhio Supreme Court
DecidedJanuary 11, 2012
Docket2011-0903
StatusPublished
Cited by15 cases

This text of 2012 Ohio 47 (State ex rel. Engelhart v. Russo) 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. Engelhart v. Russo, 2012 Ohio 47, 131 Ohio St. 3d 137 (Ohio 2012).

Opinions

Per Curiam.

[138]*138{¶ 1} This is an appeal from a judgment denying writs of prohibition and mandamus against appellee, Cuyahoga County Court of Common Pleas Judge Nancy Margaret Russo. Appellant, Renee Engelhart, seeks a writ of prohibition to prevent Judge Russo from further proceeding in an underlying civil case. Engelhart also seeks a writ of mandamus to compel the judge to vacate her order striking Engelhart’s notice of voluntary dismissal without prejudice and all other orders issued after the filing of the notice and to reinstate the notice of dismissal. Because Engelhart established her entitlement to part of the requested relief, we reverse the court of appeals’ judgment in part and affirm it in part.

Facts

State ex rel. Engelhart v. Brecksville-Broadview Hts. City School Dist. Bd. of Edn., Cuyahoga C.P. No. CV-10-719533

{¶ 2} Engelhart filed an action in mandamus in the Cuyahoga County Court of Common Pleas that claimed that the respondents, Brecksville-Broadview Heights City School District Board of Education and certain district officials, had committed violations of the Open Meetings Act and the Public Records Act. The respondents in that case filed a motion for summary judgment, and Engelhart submitted a memorandum in opposition.

{¶ 3} At 11:07 a.m. on January 12, 2011, a person using the password assigned to Judge Russo’s staff attorney prepared a proposed journal entry granting the school district’s motion for summary judgment. Judge Russo signed the entry, and at 2:25 p.m. on January 12, transmitted the entry electronically to the Clerk of Court for Cuyahoga County, where it entered a queue of electronic documents that had been transmitted for filing. At the same time, Judge Russo also updated the status of the pending motions in the case in an on-line docket, accessible to the attorneys in the case but not to the public, to reflect that she had granted the respondents’ motion for summary judgment.

{¶ 4} When Engelhart’s counsel in the underlying case, Deborah Carothers, became aware that Judge Russo would enter judgment in favor of the respondents, she filed a notice of dismissal pursuant to Civ.R. 41(A)(1), voluntarily dismissing the case without prejudice, at 3:48 p.m. on January 12, 2011.

{¶ 5} Minutes later, at 4:05 p.m., a deputy clerk responsible for processing the queue of electronically transmitted documents clicked on Judge Russo’s journal entry granting summary judgment in favor of the respondents, which had been transmitted to the clerk’s office at 2:25 p.m. earlier that day. This was in accordance with the clerk’s procedure for processing electronically transmitted documents sent by a judge or magistrate to the clerk: (1) the deputy clerk processes each document by clicking on it to enter the document on the court’s journal, (2) at that instant, a stamp reflecting the precise date and time is [139]*139recorded on the document, and (3) then or shortly thereafter, a new entry will appear on the electronic docket of proceedings that memorializes the document. The certified copy of Judge Russo’s January 12, 2011 journal entry granting summary judgment in the school district’s favor bears a clerk’s office stamp that it was “received for filing” on that date at “16:05:42,” i.e., 4:05 p.m. The court’s docket lists Engelhart’s notice of dismissal as having been entered on the docket before Judge Russo’s entry granting summary judgment.

{¶ 6} On January 13, 2011, the respondents filed a “motion to strike — motion to deem moot and untimely [Engelhart’s] notice of dismissal, and motion to show cause.” On January 25, Judge Russo granted respondents’ motion, struck Engelhart’s notice of dismissal, and held that the judge’s January 12 summary judgment was the final judgment on the merits in the case. Judge Russo ordered Engelhart and her attorney, Carothers, to appear and show cause why each should not be held in contempt for filing their notice of dismissal “after the notice from the court of the ruling on the motion for summary judgment and for her representations to the court that she could not file her trial brief on time due to weather and travel issues.”

{¶ 7} Judge Russo specified that the summary-judgment order was received for filing by the clerk’s office before Engelhart filed her notice of dismissal:

{¶ 8} “The court also notes for purposes of the record that the entry of [summary judgment] in favor of the respondents was created at 11:07 am on January 12; the judge assigned to the case signed that entry at 2:25 pm, which is the actual time of filing by the court of its order; the relator’s notice of dismissal was time-stamped on 1/12/11 at 3:48 pm, after the court had updated the pending motion docket and signed the JE and after the clerk received it for filing.”

{¶ 9} On January 31, 2011, following a hearing, Judge Russo granted the respondents’ motion for sanctions against attorney Carothers in the sum of $1,200. Judge Russo determined that Carothers “was aware of the court[’]s ruling in favor of respondents before she filed the now stricken [notice of dismissal] and that she did so in [an] attempt to prejudice the respondents and perpetrate a fraud upon the court.”

Prohibition and Mandamus Case

{¶ 10} A week later, on February 7, 2011, Engelhart filed a complaint in the court of appeals. In her complaint, Engelhart requested a writ of prohibition to prevent Judge Russo from exercising jurisdiction and further proceeding in the underlying case. Engelhart also sought a writ of mandamus to compel Judge Russo to (1) vacate her January 25, 2011 order striking Engelhart’s notice of dismissal, (2) vacate all other orders issued after the filing of the notice of [140]*140dismissal, and (3) reinstate the January 12, 2011 notice of dismissal. The parties filed motions for summary judgment.

{¶ 11} In May 2011, the court of appeals denied the writs. The court of appeals held that “the order granting summary judgment was journalized prior to the filing of the notice of voluntary dismissal.”

{¶ 12} This cause is now before the court upon Engelhart’s appeal as of right.

Legal Analysis

Prohibition and Mandamus: Notice of Voluntary Dismissal

{¶ 13} In her appeal as of right, Engelhart asserts that the court of appeals erred in denying writs of prohibition and mandamus to prevent Judge Russo from proceeding in the underlying case, to compel the judge to vacate her order striking Engelhart’s notice of dismissal and all of her orders thereafter in the case, and to reinstate the notice of dismissal.

{¶ 14} “If a lower court patently and unambiguously lacks jurisdiction to proceed in a cause, prohibition and mandamus will issue to prevent any future unauthorized exercise of jurisdiction and to correct the results of prior jurisdictionally unauthorized actions.” State ex rel. Mayer v. Henson, 97 Ohio St.3d 276, 2002-Ohio-6323, 779 N.E.2d 223, ¶ 12. “[I]n general, when a trial court unconditionally dismisses a case or a case has been voluntarily dismissed under Civ.R. 41(A)(1), the trial court patently and unambiguously lacks jurisdiction to proceed, and a writ * * * will issue to prevent the exercise of jurisdiction.” State ex rel. Hummel v. Sadler, 96 Ohio St.3d 84, 2002-Ohio-3605, 771 N.E.2d 853, ¶ 22.

{¶ 15} Civ.R.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ohio 47, 131 Ohio St. 3d 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-engelhart-v-russo-ohio-2012.