State ex rel. Woods v. Gagliardo

Ohio Supreme Court

State ex rel. Woods v. Gagliardo

360 N.E.2d 705, 49 Ohio St. 2d 196, 3 Ohio Op. 3d 279, 1977 Ohio LEXIS 340

Ohio Supreme Court·Decided March 2, 1977·No. No. 76-949·Published·Cited by 3 cases

Opinion

Per Curiam.

Appellee Woods, in effect, asks the Court of Appeals to reaffirm its decision in Walker v. Stokes, supra, and, thereby, reverse an interlocutory order of the trial court. A proceeding in mandamus is not a substitute for an appeal and it is not a vehicle for review ,of an interlocutory order of a lower court. State, ex rel. Dargett, v. Gessaman (1973), 34 Ohio St. 2d 55; State, ex rel. Overmeyer, v. Walinski (1966), 8 Ohio St. 2d 23.

Appellee has an adequate remedy by way of appeal. The judgment of the Court of Appeals granting the writ is, therefore, reversed.

Judgment reversed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

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Per Curiam.

Appellee Woods, in effect, asks the Court of Appeals to reaffirm its decision in Walker v. Stokes, supra, and, thereby, reverse an interlocutory order of the trial court. A proceeding in mandamus is not a substitute for an appeal and it is not a vehicle for review ,of an interlocutory order of a lower court. State, ex rel. Dargett, v. Gessaman (1973), 34 Ohio St. 2d 55; State, ex rel. Overmeyer, v. Walinski (1966), 8 Ohio St. 2d 23.

Appellee has an adequate remedy by way of appeal. The judgment of the Court of Appeals granting the writ is, therefore, reversed.

Judgment reversed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur.

State ex rel. Woods v. Gagliardo, 360 N.E.2d 705, 49 Ohio St. 2d 196, 3 Ohio Op. 3d 279, 1977 Ohio LEXIS 340 (Ohio 1977).

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Opinion

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