State, ex rel. Gerald A. Largent v. the Honorable Stanley M. Fisher,.

• Decision Date: 04 April 1988
• Docket Number: 55266,88-LW-1091
• Citation: State, ex rel. Gerald A. Largent v. the Honorable Stanley M. Fisher,., 55266, 88-LW-1091 (Ohio App. Apr 04, 1988)
• Parties: STATE, ex rel. Gerald A LARGENT, Relator, v. The Honorable Stanley M. FISHER, Respondent.
• Court: Ohio Court of Appeals

STATE, ex rel. Gerald A LARGENT, Relator, v. The Honorable Stanley M. FISHER, Respondent.

No. 55266. Judgment affirmed, 43 Ohio St. 3d 160 (1989).

88-LW-1091 (8th)

Court of Appeals of Ohio, Eighth District Cuyahoga

April 4, 1988

Prohibition.

Herbert R. Whiting, Beachwood, for relator.

Dennis F. Butler, Cleveland, for amicus curiaeMarian Largent.

John T Corrigan, Cuyahoga County Prosecutor, Colleen C. CooneyAssistant County Prosecutor, Cleveland, for respondent.

JOURNAL ENTRY and OPINION

MARKUS Judge.

Respondent's motion to dismiss this action is denied.Relator's motion for summary judgment is granted.This court directs the respondent and the Court of Common Pleas for Cuyahoga County to take no further action on the case of Largent v. Largent,No. 87-D-178074, until such time that the Lorain County Common Pleas Court concludes its jurisdiction over the same domestic relations controversy.

The Lorain County Common Pleas Court has asserted jurisdiction over the domestic relations controversy between Gerald A. Largent and Marian J. Largent in that court's case No. D-33918.It acquired personal jurisdiction over Gerald Largent for that case when he filed his action there on May 7, 1981.It acquired personal jurisdiction over Marian J. Largent for that case on May 12, 1987, when it served her with a summons and a copy of the complaint in that action.

The Lorain Countycourt acquired jurisdiction over the subject matter of that controversy, if and only if Gerald A. Largent had been a resident of Lorain County for at least ninety days on May 7, 1987.SeeR.C. 3105.03.Manifestly, that court can have jurisdiction to determine its jurisdiction over the subject matter of that domestic relations controversy.State, ex rel. Miller, v. Court of Common Pleas(1949), 151 Ohio St. 397.

Marian J. Largent submitted the jurisdictional issue for resolution by the Lorain Countycourt by moving for a change of venue for that reason on May 20, 1987.She later resubmitted that issue for resolution by that court on February 1, 1988, when she filed her Answer there and again denied that jurisdictional fact.

The Lorain Countycourt resolved the factual dispute about the residence of Gerald A. Largent in favor of its jurisdiction, when it denied Marian J. Largent's motion for a change of venue.However, that fact remains subject to challenge in later proceedings before that court and on direct appeal from that court's final judgment.

The parties, who are subject to the Lorain Countycourt's jurisdiction, have submitted the jurisdictional fact issue to that court for its resolution.Consequently, its resolution of that jurisdictional issue is not subject to a collateral attack in another court.Cf.State, ex rel. Houk, v. Court of Common Pleas(1977), 50 Ohio St.2d 333.

The Cuyahoga County Common Pleas Court has also asserted jurisdiction over the domestic relations controversy between Gerald A. Largent and Marian J. Largent in its case No 87-D-178074.It acquired personal jurisdiction over Marian J. Largent when she filed her complaint in that action there on May 7, 1987.However, it did not acquire personal jurisdiction over Gerald A. Largent until May 13, 1987, when it served him with a summons and a copy of the complaint in that action.Gerald A. Largent did not submit the jurisdictional issue about his residence to the Cuyahoga Countycourt until he filed his motion to dismiss the ...