Opinion

State Ex Rel. City of Cleveland v. Sutula

127 Ohio St. 3d 131
2010 Ohio 5039

Court: Ohio Supreme Court
Filed: Oct 21, 2010
Status: Published
Author: Brown
On the bench: Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp, Brown
Cited by: 26 cases
Authority: More cited than 11.5%

The opinion

Brown, C.J.,

dissenting.

{¶ 26} Absent a patent and unambiguous lack of jurisdiction, a court having general subject-matter jurisdiction over an action possesses the legal authority to determine its own jurisdiction. Whitehall ex rel. Wolfe v. Ohio Civ. Rights Comm. (1995), 74 Ohio St.3d 120, 123-124 , 656 N.E.2d 684 . Like the appellate court, I cannot conclude based on the record before us that the common pleas court patently and unambiguously lacks jurisdiction. State ex rel. Cleveland v. Sutula, Cuyahoga App. No. 94264, 2010-Ohio-914 , 2010 WL 877517 , ¶ 27. Accordingly, I dissent.

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