2013 Ohio 3922
Ohio Ct. App.2013Background
- Relator John Wood petitioned for a writ of prohibition to prevent respondents from exercising jurisdiction over Count 1 of a second amended complaint in a foreclosure action (Fannie Mae v. Hicks, Cuyahoga C.P. No. CV-746293).
- Wood represents Hicks in the underlying foreclosure action but is not a party to the original action and lacks personal interest in the dispute.
- Respondents moved for summary judgment on standing and onprohibition relief; Wood responded with competing summary judgment motions.
- The trial court had denied Hicks’s motion to dismiss; underlying action concerns enforcement of a note and mortgage, with Fannie Mae asserting its standing to enforce.
- The appellate court granted respondents’ summary-judgment motion and denied Wood’s, concluding Wood lacks standing and that prohibition is improper where there is an adequate remedy by appeal.
- Writ of prohibition denied and costs taxed as stated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wood has standing to sue in prohibition. | Wood argues representative capacity as Hicks’s counsel suffices. | Wood is not a real party in interest; Civ.R. 17(A) does not authorize filing in attorney’s name. | No standing; prohibition not proper. |
| Whether prohibition is the proper remedy given an adequate appellate remedy. | Relator seeks to protect jurisdictional boundaries. | Writ not proper where postjudgment appeal available. | Prohibition denied; adequate remedy via appeal. |
Key Cases Cited
- Schwartzwald, 134 Ohio St.3d 13 (2012-Ohio-5017) (standing cannot be cured by assignment after filing; writ not appropriate for standing issues)
- Davet v. Sutula, 131 Ohio St.3d 220 (2012-Ohio-759) (adequate remedy by appeal; writs not used to correct lower-court errors in jurisdictional questions)
- State ex rel. Jones v. Suster, 84 Ohio St.3d 70 (1998) (patent and unambiguous lack of jurisdiction; writ available only in narrow circumstances)
- State ex rel. Gilligan v. Hoddinott, 36 Ohio St.2d 127 (1973) (writs are discretionary; need jurisdictional basis to grant)