State ex rel. Tri Eagle Fuels, LLC v. DawsonAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals denying Appellant's petition for a writ of prohibition to bar East Cleveland Municipal Court Judge William Dawson from continuing to preside over Euclid Lake Properties, LLC. v. Tri Eagle Fuels, LLC, East Cleveland M.C. case No. 17CVG01000, holding that jurisdiction was not patently and unambiguously lacking in the municipal court.
Lessee signed a commercial lease to rent certain property from Lessor for fifteen years. After Lessor alleged that Lessee was in default of the lease and served Lessee with a notice to vacate the premises Lessee filed suit alleging that Lessor, in fact, had breached the lease. Before Lessor filed an answer it filed a forcible-entry-and-detainer (FE&D) action against Lessee. The case was assigned to Judge Dawson. Lessee filed an original action for a writ of prohibition alleging that Judge Dawson lacked jurisdiction to proceed in the municipal court case based on the jurisdictional priority rule. The court of appeals denied the writ of prohibition. The Supreme Court affirmed, holding that Judge Dawson was not deprived of jurisdiction over the FE&D action.