State ex rel. Bell v. Pfeiffer, No. 2011–1242.

• Court: United States State Supreme Court of Ohio
• Writing for the Court: PER CURIAM.
• Citation: 961 N.E.2d 181,2012 -Ohio- 54,131 Ohio St.3d 114
• Decision Date: 12 January 2012
• Docket Number: No. 2011–1242.
• Parties: The STATE ex rel. BELL, Appellant, v. PFEIFFER, Judge, et al., Appellees.

131 Ohio St.3d 114
2012 -Ohio- 54
961 N.E.2d 181

The STATE ex rel. BELL, Appellant,
v.
PFEIFFER, Judge, et al., Appellees.

No. 2011–1242.

Supreme Court of Ohio.

Submitted Jan. 3, 2012.Decided Jan. 12, 2012.

[961 N.E.2d 182]

Phillip Wayne Cramer, for appellant.

Ron O'Brien, Franklin County Prosecuting Attorney, and A. Paul Theis, Assistant Prosecuting Attorney, for appellees Judge Beverly Pfeiffer and Magistrate Edwin Skeens.

Onda, LaBuhn, Rankin & Boggs Co., L.P.A., and Timothy S. Rankin, Columbus, for appellees County Risk Sharing Authority, Inc., Timothy S. Rankin, and Craig J. Spadafore.Montgomery, Rennie & Jonson, Linda L. Woeber, and Lisa M. Zaring, Cincinnati,

[961 N.E.2d 183]

for appellees Linda L. Woeber, Lisa M. Zaring, and Columbia Casualty Agency.PER CURIAM.

[Ohio St.3d 115] {¶ 1} This is an appeal from a judgment denying a writ of prohibition to prevent a judge, a magistrate, and certain attorneys and entities from proceeding in a case. Because the prohibition action lacks merit, we affirm.

Facts Madison Cty. Bd. of Commrs. v. Bell

{¶ 2} In February 2003, the Madison County Board of Commissioners filed an appropriation action in the Madison County Court of Common Pleas against appellant, Greg A. Bell, and his wife, Marcia C. Bell, according to the subsequent opinion of the court of appeals in the case, Madison Cty. Bd. of Commrs. v. Bell, 12th Dist. No. CA2005–09–036, 2007-Ohio-1373, 2007 WL 879627. In August 2005, the common pleas court entered judgment upon a jury's finding that the board of commissioners was entitled to an easement on the Bells' property and that the Bells were not entitled to any compensation for the easement.

{¶ 3} The Twelfth District Court of Appeals affirmed the judgment. Id. We did not accept the Bells' discretionary appeal for review. Madison Cty. Bd. of Commrs. v. Bell, 114 Ohio St.3d 1512, 2007-Ohio-4285, 872 N.E.2d 953.

Bell v. Nichols

{¶ 4} According to Greg Bell's complaint in the prohibition case now on appeal, in April 2008, the Bells filed a civil action against various defendants in the Franklin County Court of Common Pleas. The defendants included the Madison County Board of Commissioners, Madison County Common Pleas Court Judge Robert D. Nichols, and the County Risk Sharing Authority, Inc. (“CORSA”)—an Ohio nonprofit corporation operating a county government joint self-insurance pool. Attorneys Timothy S. Rankin and Craig J. Spadafore represented the board of commissioners and certain other Madison County defendants, and CORSA paid the legal fees to the attorneys for their representation. Attorneys Linda L. Woeber and Lisa M. Zaring represented Judge Nichols, and their legal fees were paid by Columbia Casualty Company (“Columbia”), a private insurance company.

{¶ 5} In July 2008, Judge John P. Bessey recused himself from the case, and the administrative judge of the common pleas court transferred the case to Judge Beverly Y. Pfeiffer.

{¶ 6} In April 2009, the common pleas court entered judgment in favor of the defendants. The court determined that res judicata barred the Bells' action challenging the Madison County Common Pleas Court's judgment in Madison Cty. Bd. of Commrs. On appeal, the Tenth District Court of Appeals affirmed. Bell v. Nichols, 10th Dist. No. 09AP–438, 2009-Ohio-4851, 2009 WL 2942577. We [Ohio St.3d 116] did not accept the Bells' discretionary appeal. Bell v. Nichols, 124 Ohio St.3d 1445, 2010-Ohio-188, 920 N.E.2d 375.

{¶ 7} In February 2010, several of the defendants filed a joint motion to reactivate the case so that the court could address their motion for sanctions. Judge Pfeiffer reactivated the case, which had previously been stayed due to the Bells' appeal, and referred the motion for sanctions to Magistrate Edwin L. Skeens.

Prohibition Case

{¶ 8} In May 2010, appellant, Greg A. Bell, filed a complaint in the Tenth District Court of Appeals against appellees, Judge Pfeiffer, Magistrate Skeens, attorneys Rankin, Spadafore, Woeber, and Zaring, CORSA, and Columbia. Bell sought a writ of prohibition (1) to prevent Judge Pfeiffer

[961 N.E.2d 184]

and Magistrate Skeens from issuing any further orders in Bell v. Nichols, (2) to stop attorneys Rankin, Spadafore, Woeber, and Zaring from filing any further proceedings on behalf of the Madison County Board of Commissioners or any Madison County employee in Bell v. Nichols until they complied with the applicable legal requirements for...