State ex rel. Racine v. Dull

Ohio Supreme Court

State ex rel. Racine v. Dull

337 N.E.2d 776, 44 Ohio St. 2d 72, 73 Ohio Op. 2d 320, 1975 Ohio LEXIS 584

CourtOhio Supreme Court

DecidedNovember 26, 1975

DocketNo. 75-426

StatusPublished

Cited by3 cases

This text of 337 N.E.2d 776 (State ex rel. Racine v. Dull) 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. Racine v. Dull, 337 N.E.2d 776, 44 Ohio St. 2d 72, 73 Ohio Op. 2d 320, 1975 Ohio LEXIS 584 (Ohio 1975).

Pincite

Opinion

Per Curiam.

In State, ex rel. Woodbury, v. Spitler (1974), 40 Ohio St. 2d 1, 3, followed in State, ex rel. Wentz, v. Correll (1975), 41 Ohio St. 2d 101, this court held:

í < * * * Where an action is pending and undetermined in a lower court of competent jurisdiction, and where there is otherwise an adequate remedy by way of appeal, this court has no authority to determine what judgment should be rendered by the lower court.”

In the instant case, relator has an adequate remedy by way of appeal.

Accordingly, on authority of State, ex rel. Woodbury, v. Spitler, supra, and State, ex rel. Wentz, v. Correll, supra, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

O’Neill, C. J., PutmaN, CorrigaN, SterN, Celebrezze, W. BrowN and P. BrowN, JJ., concur. PtrTMAN, J., of the Fifth Appellate District, sitting for Herbert, J.

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