State ex rel. Washington v. Krichbaum
2018 Ohio 626
Ohio Ct. App.2018Background
- Relator Wayman E. Washington, pro se and incarcerated, sought a writ of mandamus asking the appellate court to order Mahoning County Common Pleas Judge R. Scott Krichbaum to vacate a 2007 foreclosure decree for lack of personal jurisdiction.
- Deutsche Bank National Trust Company obtained a foreclosure decree in 2007; the property was later sold at sheriff’s sale after intervening bankruptcy proceedings and proceeds were distributed.
- Washington did not timely appeal the foreclosure or sale-related orders following the original proceedings.
- Years later (about nine years), Washington moved to vacate the foreclosure decree; a magistrate denied that motion and Washington did not file objections to the magistrate’s decision.
- Washington then filed the present original mandamus petition in the court of appeals; the county prosecutor filed a combined answer and motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is available to vacate the foreclosure decree for lack of personal jurisdiction | Washington argues the foreclosure decree lacked personal jurisdiction and must be vacated | Respondent argues mandamus is inappropriate because Washington had an adequate remedy by direct appeal and failed to pursue it | Court held mandamus unavailable because relator has an adequate remedy at law by direct appeal and therefore dismissed the petition |
Key Cases Cited
- State ex rel. Brown v. Ashtabula Cty. Bd. of Elections, 31 N.E.3d 596 (Ohio 2014) (mandamus is an extraordinary remedy and should be issued only when the right is clear)
- State ex rel. Taxpayers for Westerville Schools v. Franklin Cty. Bd. of Elections, 976 N.E.2d 890 (Ohio 2012) (elements required to obtain writ of mandamus)
- State ex rel. Middletown Bd. of Edn. v. Butler Cty. Budget Comm., 510 N.E.2d 383 (Ohio 1987) (mandamus to court of appeals will not lie when relator has a plain and adequate remedy by appeal)
- State ex rel. Willis v. Sheboy, 451 N.E.2d 1200 (Ohio 1983) (delay or inconvenience of appeal does not make appeal an inadequate remedy)