State Ex Rel. National Employers Network Alliance, Inc. v. Ryan

2010 Ohio 578, 125 Ohio St. 3d 11

• Court: Ohio Supreme Court
• Decided: February 24, 2010
• Docket: 2009-1592
• Status: Published

Opinion

Per Curiam.

{¶ 1} Relator, National Employers Network Alliance, Inc., seeks a writ of mandamus from this court but admits that it did not pursue the administrative appeals available to it. Mandamus cannot issue when the relator has an adequate remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. An administrative appeal generally constitutes an adequate remedy in the ordinary course of law that precludes a writ of mandamus. State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati, 118 Ohio St.3d 131, 2008-Ohio-1966, 886 N.E.2d 839, ¶ 23.

{¶ 2} We hereby grant respondent administrator’s motion for judgment on the pleadings and deny relator’s request for a writ of mandamus. Relator’s motion to strike is not well taken and is overruled.

Writ denied.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.