State ex rel. Huntington Nat'l Bank v. Kontos
Annotate this CaseA landowner filed a complaint for breach of contract against the predecessor in interest to Huntington National Bank. The trial judge ruled in favor of the landowner and awarded damages. The court of appeals reversed on the issue of the proper standard for calculating damages and remanded the case for a recalculation. On remand, the trial judge ordered a new evidentiary hearing on damages, concluding that the court could not arrive at a proper measure of damages without additional testimony. Huntington filed this action in procedendo and prohibition in the court of appeals and filed a notice of appeal of the trial court’s order. The court of appeals (1) dismissed the appeal on grounds that the order requiring a new hearing was not a final appealable order, and (2) dismissed the procedendo and prohibition petition, concluding that Huntington had an adequate remedy by way of appeal and that the trial court did not exceed its jurisdiction by ordering an evidentiary hearing. The Supreme Court affirmed, holding that Huntington had an adequate remedy at law by way of appeal and that the trial judge’s jurisdiction to order the evidentiary hearing and to determine damages based on new evidence was not patently and ambiguously lacking.
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