State ex rel. Jones v. Paschke
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The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of prohibition against Geauga County Court of Common Pleas Judge Carolyn J. Paschke, holding that the court of appeals properly dismissed the petition under Civ.R. 12(B)(6).
Appellant, a defendant in a divorce case pending before Judge Paschke, brought this petition alleging that Judge Paschke's procedure for issuing orders in his case violated Civ.R. 53 and seeking a writ of prohibition restraining the judge from issuing entires in violation of Civ.R. 53. The court of appeals dismissed the petition for failure to state a valid claim for relief. The Supreme Court affirmed, holding that because the petition was based on an alleged error in Judge Paschke's exercise of jurisdiction and not a lack of subject-matter jurisdiction, prohibition was not an appropriate remedy.
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