The State Ex Rel. Nat'l Employers Network Alliance Inc v. Ryan
| Decision Date | 24 February 2010 |
| Docket Number | No. 2009-1592.,2009-1592. |
| Citation | 925 N.E.2d 947,2010 -Ohio- 578,125 Ohio St.3d 11 |
| Parties | The STATE ex rel. NATIONAL EMPLOYERS NETWORK ALLIANCE, INC.v.RYAN, Admr. |
| Court | Ohio Supreme Court |
Kegler, Brown, Hill & Ritter, Roger P. Sugarman, David M. McCarty, and R. Kevin Kerns, Columbus, for relator.
Richard Cordray, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for respondent.
{¶ 1} Relator, National Employers Network Alliance, Inc., seeks a writ of mandamus from this court but admits that it did not pursue the administrative appeals available to it. Mandamus cannot issue when the relator has an adequate remedy at law. State ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50, 451 N.E.2d 225. An administrative appeal generally constitutes an adequate remedy in the ordinary course of law that precludes a writ of mandamus. State ex rel. Hilltop Basic Resources, Inc. v. Cincinnati, 118 Ohio St.3d 131, 2008-Ohio-1966, 886 N.E.2d 839, ¶ 23.
{¶ 2} We hereby grant respondent administrator's motion for judgment on the pleadings and deny relator's request for a writ of mandamus. Relator's motion to strike is not well taken and is overruled.
Writ denied.
To continue reading
Request your trial
-
The State Ex Rel. Mahajan v. State Med. Bd. of Ohio.
...him, he has or had an adequate remedy in the ordinary course of law by administrative appeal. See State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-Ohio-578, 925 N.E.2d 947, ¶ 1 (“An administrative appeal generally constitutes an adequate remedy in the ordina......
-
The State Ex Rel. Mahajan v. State Med. Bd. Of Ohio
...him, he has or had an adequate remedy in the ordinary course of law by administrative appeal. See State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-Ohio-578, 925 N.E.2d 947, ¶ 1 ("An administrative appeal generally constitutes an adequate remedy in the ordina......
-
State ex rel. Unterbrink v. Elida Local Sch. Bd. of Educ.
...State ex rel. Lane v. Pickerington, 130 Ohio St.3d 225, 2011-Ohio-5454, ¶ 11, quoting State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-Ohio-578, ¶ 1; see State ex rel. Alhamarshah v. Indus. Comm., 142 Ohio St.3d 524, 2015-Ohio-1357, ¶ 10-13. Therefore, a tea......
-
Jackson v. Bartec Inc
...process is an adequate remedy at law, albeit one Bartec has chosen not to pursue in the past. See State ex rel. Natl. Emps. Network Alliance, Inc. v. Ryan, 125 Ohio St.3d 11, 2010-Ohio-578, ¶1 (stating "[a]n administrative appeal generally constitutes an adequate remedy in the ordinary cour......