State ex rel. Washington v. D'Apolito
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The Supreme Court reversed the judgment of the court of appeals dismissing Appellant’s complaint for a writ of mandamus against Mahoning County Common Pleas Court Judge Lou A. D’Apolito, holding that the court of appeals correctly concluded that Appellant had an adequate remedy in the ordinary course of the law.
In his complaint for a writ of mandamus Appellant sought to vacate a default judgment and a foreclosure judgment foreclosing on his property. The court of appeals dismissed the complaint for failure to state a claim upon which relief can be granted. The Supreme Court affirmed, holding that because the trial court had personal jurisdiction over Appellant before the entry of the default judgment and the foreclosure decree, Appellant had an adequate remedy in the ordinary course of the law by a direct appeal of those orders.
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