State ex rel. Simpson v. Melnick
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The Supreme Court affirmed the opinion of the court of appeals rejecting Charles Simpson's peremptory prohibition claim and mandamus claim, holding that the court of appeals did not err in denying the prohibition claim and that Simpson failed to state a valid claim for mandamus relief.
Grande Voiture in a separate case filed a motion for an order finding Simpson, the defendant in that case, in contempt of the trial court's order granting declaratory and injunctive relief in favor of Grande Voiture. Common Pleas Court Judge Kimberly Melnick granted Grande Voiture's motion to strike Simpson's answer and counterclaim on the grounds that Grande Voiture's contempt motion was not a pleading. Simpson then filed an original action seeking a peremptory writ of prohibition forbidding the judge from proceeding with the contempt hearing without allowing a jury trial and without considering the answer and counterclaim. Simpson also requested a writ of mandamus compelling the judge to proceed by jury trial on the issues before her. The court of appeals granted the judge's motion to dismiss. The Supreme Court affirmed, holding that Simpson failed to state a valid claim for the writs.
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