State ex rel. Gargallo v. Court of Common Pleas

• Decision Date: 12 July 1972
• Docket Number: No. 72-127,72-127
• Citation: 285 N.E.2d 13,31 Ohio St.2d 45
• Parties: , 60 O.O.2d 32 The STATE ex rel. GARGALLO, Appellant, v. COURT OF COMMON PLEAS et al., Appellees.
• Court: Ohio Supreme Court

Page 45

31 Ohio St.2d 45

285 N.E.2d 13, 60 O.O.2d 32

The STATE ex rel. GARGALLO, Appellant, v. COURT OF COMMON PLEAS et al., Appellees.

No. 72-127.

Supreme Court of Ohio.

July 12, 1972.

Appeal from Court of Appeals, Franklin County.

Appellant filed a complaint in the Court of Appeals for Franklin County for a writ of prohibition against the Franklin County Court of Common Pleas, Division of Domestic Relations, from enforcing a divorce decree and judgment lien or, in the alternative, for a writ of mandamus requiring that court to expunge certain entries from the record.

The Court of Appeals sustained respondents' motion to dismiss because "relator has an adequate remedy which he has pursued and which is now before this court, by way of appeal, in case number 71-203. Neither prohibition nor mandamus can be maintained where the relator has an adequate remedy at law."

An appeal of right brings the cause here for review.

Miguel A. Gargallo, in pro. per.

George C. Smith, Pros.Atty., for appellees.

PER CURIAM.

The judgment of the Court of Appeals is affirmed for the reason stated by that court.

Judgment affirmed.

C. WILLIAM O'NEILL, C.J., and SCHNEIDER, HERBERT, CORRIGAN, LEACH and BROWN, JJ., concur.

STERN, J., not participating.