State ex rel. Roush v. Montgomery

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The Supreme Court affirmed the judgment of the court of appeals dismissing the complaint of Appellant for a writ of prohibition or mandamus seeking a writ requiring dismissal of an adoption proceeding concerning his biological child, holding that the complaint was properly dismissed. The adoption case was probate in the probate division of the court of common pleas. Appellee in this action was the judge of that court. In his complaint, Appellant argued that because an adoption cannot be granted under Ohio Rev. Code 3107.06 without the biological father’s consent, he deprived the probate court of jurisdiction by withholding his consent to the adoption. The court of appeals dismissed the prohibition claim. The Supreme Court affirmed, holding (1) because the probate court clearly possessed jurisdiction to determine whether Appellant’s consent was required and because Appellant could appeal any adverse judgment, the court of appeals correctly dismissed the prohibition claim; and (2) mandamus was not proper because Appellant had no legal right to such a dismissal, nor did the common pleas court judge have any legal duty to grant it. View "State ex rel. Roush v. Montgomery" on Justia Law