State ex rel. Lundeen v. Burnside
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[Cite as State ex rel. Lundeen v. Burnside, 2018-Ohio-4122.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 107657 STATE OF OHIO, EX REL. CYNTHIA LUNDEEN RELATOR vs. JANET R. BURNSIDE, JUDGE, ET AL. RESPONDENT JUDGMENT: COMPLAINT DISMISSED Writ of Prohibition Motion No. 521012 Order No. 521288 RELEASE DATE: October 5, 2018 [Cite as State ex rel. Lundeen v. Burnside, 2018-Ohio-4122.] FOR RELATOR Cynthia Lundeen, pro se 2380 Overlook Road Cleveland Heights, Ohio 44106 ATTORNEYS FOR RESPONDENTS Michael C. O’Malley Cuyahoga County Prosecutor By: Charles E. Hannan Assistant County Prosecutor The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 [Cite as State ex rel. Lundeen v. Burnside, 2018-Ohio-4122.] SEAN C. GALLAGHER, J.: {¶1} Cynthia Lundeen has filed a complaint for a writ of prohibition. Lundeen is attempting to prevent Judge Janet R. Burnside from exercising any jurisdiction in the foreclosure action that is currently pending in Wells Fargo Bank, N.A. vs. Lundeen, Cuyahoga C.P. No. CV-16-856890, in an attempt to forestall the Cuyahoga County Sheriff from selling the real property located at 2380 Overlook Road, Cleveland Heights, Ohio 44106. For the following reasons, we sua sponte dismiss the complaint for a writ of prohibition. [Cite as State ex rel. Lundeen v. Burnside, 2018-Ohio-4122.] {¶2} The Ohio common pleas courts are endowed with “original jurisdiction over all justiciable matters * * * as may be provided by law.” Article IV, Section 4(B), Ohio Constitution. Jurisdiction is provided by law in R.C. 2305.01, which states that courts of common pleas have “original jurisdiction in all civil cases in which the sum or matter in dispute exceeds the exclusive original jurisdiction of county courts.” The Cuyahoga County Court of Common Pleas is a court of general jurisdiction, with subject-matter jurisdiction that extends to “all matters at law and in equity that are not denied to it.” Saxton v. Seiberling, 48 Ohio St. 554, 558-559, 29 N.E. 179 (1891). Actions in foreclosure are within the subject-matter jurisdiction of a court of common pleas, such as the Cuyahoga County Court of Common Pleas. Robinson v. Williams, 62 Ohio St. 401, 408, 57 N.E. 55 (1900); see generally Winemiller v. Laughlin, 51 Ohio St. 421, 38 N.E. 111 (1894). Thus, Judge Janet R. Burnside possesses general subject-matter jurisdiction over the foreclosure action pending in Wells Fargo Bank, N.A. vs. Lundeen, Cuyahoga C.P. No. CV-16-856890, and the request for a writ of prohibition fails. State ex rel. Bell v. Pfeiffer, 131 Ohio St.3d 114, 2012-Ohio-54, 961 N.E.2d 181; State ex rel. Winnefeld v. Court of Common Pleas of Butler Cty., 159 Ohio St. 225, 112 N.E.2d 27 (1953). {¶3} Finally, Lundeen has filed an appeal from the order of foreclosure that remains pending before this court. Cuyahoga No. 18-107184. See Wells Fargo Bank, N.A. v. Lundeen, 8th Dist. Lundeen has employed an adequate remedy in the ordinary course of law, through her appeal, which prevents this court from issuing a writ of prohibition. State ex rel. Sneed v. Anderson, 114 Ohio St.3d 11, 2007-Ohio-2454, 866 N.E.2d 1084; State ex rel. Bradford v. Trumbull Cty. Court, 64 Ohio St.3d 502, 597 N.E.2d 116 (1992); State ex rel. Pearson v. Moore, 48 Ohio St.3d 37, 548 N.E.2d 945 (1990). {¶4} Accordingly, we dismiss Lundeen’s complaint for a writ of prohibition. Costs to Lundeen. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B). {¶5} Complaint dismissed. SEAN C. GALLAGHER, JUDGE MELODY J. STEWART, P.J., and LARRY A. JONES, SR., J., CONCUR
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