State ex rel. Welt v. DohertyAnnotate this Case
The Supreme Court affirmed the dismissal of Appellant's petition seeking a writ of prohibition or mandamus ordering Judge Becky L. Doherty to dismiss third-party claims filed against him, holding that Appellant had an adequate remedy in the ordinary course of the law.
Appellant, as an attorney for Dodeka, LLC, filed an action against Cindy Keith to recover approximately $11,000 that Keith allegedly owed. Keith filed an answer and counterclaims against Dodeka and impleaded Appellant as a third-party defendant. The trial court entered summary judgment dismissing Dodeka's claim against Keith and Keith's counterclaims against Dodeka. The trial court then granted summary judgment on the third-party claims Keith had filed against Appellant. The court of appeals reversed the dismissal of the counterclaims against Dodeka and the third-party claims against Appellant and remanded. The judge granted summary judgment for Dodeka and denied Appellant's motions to dismiss and for summary judgment as to the third-party claims. Appellant appealed the denial of his motions. The Supreme Court affirmed, holding that Appellant had an adequate remedy in the ordinary course of law.