Opinion

State ex rel. Williams v. Bessey

  • 125 Ohio St. 3d 447
  • 928 N.E.2d 1091
  • 2010 Ohio 2113
Court
Ohio Supreme Court
Filed
May 19, 2010
Status
Published
On the bench
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
Cited by
4 cases
Authority
More cited than 69.5%

The opinion

[Cite as State ex rel. Williams v. Bessey, 125 Ohio St.3d 447, 2010-Ohio-2113.]

THE STATE EX REL. WILLIAMS, APPELLANT, v. BESSEY,

JUDGE, ET AL., APPELLEES.

[Cite as State ex rel. Williams v. Bessey, 125 Ohio St.3d 447, 2010-Ohio-2113.]

Appeal from dismissal of a petition for a writ of mandamus — Adequate remedy

at law — Judgment affirmed.

(No. 2009-2295 — Submitted May 12, 2010 — Decided May 19, 2010.)

APPEAL from the Court of Appeals for Franklin County, No. 08AP-158,

2009-Ohio-5852.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals dismissing the

mandamus action filed by appellant, Alan Williams. In the absence of a patent

and unambiguous lack of jurisdiction on the part of the judge to whom a case was

allegedly transferred, Williams has an adequate remedy by appeal to challenge the

transfer of the case to the judge. See State ex rel. Carr v. McDonnell, 124 Ohio

St.3d 62, 2009-Ohio-6165, 918 N.E.2d 1004; State ex rel. Key v. Spicer (2001),

91 Ohio St.3d 469, 469, 746 N.E.2d 1119 (“a claim of improper assignment of a

judge can generally be adequately raised by way of appeal”). Williams did not

allege sufficient facts to indicate any jurisdictional defect, much less a patent and

unambiguous one. We also deny Williams’s motion for oral argument.

Judgment affirmed.

BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,

O’DONNELL, LANZINGER, and CUPP, JJ., concur.

__________________

Alan Williams, pro se.

SUPREME COURT OF OHIO

Ron O’Brien, Franklin County Prosecuting Attorney, and Paul Thies,

Assistant Prosecuting Attorney, for appellees.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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