State ex rel. Skyway Invest. Corp. v. Court of Common PleasAnnotate this Case
In the civil case underlying this appeal, John Poss filed a motion for an order that Marilyn Morris transfer to him property that was the subject of a constructive trust. Before the court ruled on Poss's motion, Morris transferred the property to Skyway Investment Corporation. Poss then filed a motion to appoint a receiver to take possession of the property and to appoint a person to execute the conveyance of the property. The court of common pleas granted the motion. Skyway, which had been joined as a party defendant in the proceeding by the common pleas court, subsequently filed a petition for a writ of prohibition to prevent Appellee, the county court of common pleas, from proceeding to place the property in receivership and a writ of mandamus to compel the court to vacate its orders concerning the property. The court of appeals denied the writ. The Supreme Court affirmed, holding (1) the common pleas court did not patently and unambiguously lack jurisdiction to appoint a receiver and a person to effect the conveyance of the property in the underlying case; and (2) Skyway had an adequate remedy by appeal to raise its claims.