State ex rel. Woods v. Gagliardo
This text of 360 N.E.2d 705 (State ex rel. Woods v. Gagliardo) 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.
Opinion
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.
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Cite This Page — Counsel Stack
360 N.E.2d 705, 49 Ohio St. 2d 196, 3 Ohio Op. 3d 279, 1977 Ohio LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-woods-v-gagliardo-ohio-1977.