Shutway v. Talebi

Citations

• 2023 Ohio 3818

Syllabus

Appellant brought a civil action against judicial officers, prosecutors, and their unnamed assistants based on his prosecution and conviction in a prior criminal case. In his appeal from the trial court's grant of summary judgment to three defendants and of dismissal pursuant to Civ.R. 12(B)(6) to a fourth, appellant raised claims revolving around alleged procedural irregularities in the assignment of a retired judge to preside over the civil case. The judgments on appeal are final appealable orders, the appeal was timely filed, and we need not dismiss for lack of jurisdiction based on the issues raised. The Ohio Supreme Court's decision denying appellant's affidavit of disqualification is the law of the case, which we must follow. Moreover, no prejudicial error occurred related to the retired assigned judge's filing of his certificate of assignment, and the retired judge had no requirement to take a new oath of office upon his assignment. Any error in the clerk of courts' labeling of appellant's \praecipes\ as motions was harmless as the clerk was required to accept the judge's filings and appellant had no authority to order the clerk to strike them. Judgments affirmed.