State ex rel. Otten v. Henderson
Annotate this CaseThis appeal stemmed from a judgment denying a biological father's complaint for a writ of prohibition to prevent Appellees, the Clermont County Probate Court and its judge and magistrate, from proceeding on a stepfather's adoption petition when, at the time the petition was filed, a previously filed, separate adoption proceeding involving the same child initiated in the Hamilton County Probate Court by the stepfather remained pending. The biological father sought a writ of prohibition to prevent Appellees from proceeding on the adoption petition and to immediately dismiss the petition, which the court of appeals denied. The Supreme Court reversed judgment of the court of appeals and granted the writ, holding the Clermont County Probate Court patently and unambiguously lacked jurisdiction over the stepfather's adoption petition because the action initiated in Hamilton Court was still pending at the time the Clermont Court petition was filed.
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