Opinion

State ex rel. Kabatek v. Stackhouse

  • 66 Ohio St. 2d 64
  • 20 Ohio Op. 3d 58
  • 419 N.E.2d 877
  • 1981 Ohio LEXIS 473
Court
Ohio Supreme Court
Filed
Apr 22, 1981
Status
Published
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
3 cases
Authority
More cited than 70.4%

The opinion

Per Curiam.

The only issue before this court is whether appellant utilized the proper remedy to obtain back pay, benefits, and reinstatement allegedly due him from the layoff *65 of October 21, 1977. Mandamus is the proper remedy under these facts. State, ex rel Hamlin, v. Collins (1981), 65 Ohio St. 2d 63 ; State, ex rel. Colangelo, v. McFaul (1980), 62 Ohio St. 2d 200 ; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St. 2d 261 ; State, ex rel. Osborn, v. Jackson (1976), 46 Ohio St. 2d 41 ; State, ex rel. Dean, v. Huddle (1976), 45 Ohio St. 2d 234 ; Monaghan v. Richley (1972), 32 Ohio St. 2d 190 .

The layoff of appellant on July 6, 1979, and any pending court actions resulting from that layoff, do not have a direct impact on the propriety of mandamus resulting from the layoff of October 21,1977. Thus, the pending action was improperly considered by the Court of Appeals.

Appellees’ allegation that appellant retired retroactively to November 1,1977, is a factual question to be decided by the Court of Appeals and can be taken into consideration in the granting of back pay, if any, due to appellant.

For the foregoing reason, the judgment of the Court of Appeals is reversed and the cause is remanded for further proceedings.

Judgment reversed and cause remanded.

Celebrezze, C. J., W. Brown, P. Brown, Sweeney, Locher, Holmes and C. Brown, JJ., concur.

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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