Ohio Supreme Court· 4/18/1990
State ex rel. Ballard v. O'Donnell
Citations
- 50 Ohio St. 3d 182
- 553 N.E.2d 650
- 1990 Ohio LEXIS 167
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “‘It is axiomatic that . . . a judgment rendered without proper service or entry of appearance is a nullity and void.’”
- “‘It is axiomatic that . . . a judgment rendered without proper service or entry of appearance is a nullity and void.’”
- where a court has made an unlawful order exceeding its authority, mandamus is the proper remedy by which to compel such court to set aside and vacate such order
- where “relator was not a party in the trial court proceedings, was not served summons, and did not appear before the court,” the trial court was “without jurisdiction to render judgment against him”
- “[A] trial court is without jurisdiction to render a judgment or to make findings against a person who was not served summons, did not appear, and was not a party in the court proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
Read full opinion on CourtListenerCited by
86 cases in this archive cite this case; the 20 most cited are listed.
- State ex rel. Newton v. Court of ClaimsOhio Supreme Court· 1995-08-30· cited 62×
- State ex rel. Lewis v. MoserOhio Supreme Court· 1995-04-12· cited 52×
- In re Guardianship of JadwisiakOhio Supreme Court· 1992-07-15· cited 46×
- State ex rel. Smith v. FrostOhio Supreme Court· 1995-11-22· cited 34×
- State ex rel. Doe v. CapperOhio Supreme Court· 2012-06-21· cited 28×
- State ex rel. Washington v. D'Apolito (Slip Opinion)Ohio Supreme Court· 2018-12-21· cited 21×
- CUC Properties VI, L.L.C. v. Smartlink Ventures, Inc.Ohio Court of Appeals· 2021-09-29· cited 21×
- State ex rel. Shumaker v. NicholsOhio Supreme Court· 2013-11-05· cited 18×
- MB West Chester, L.L.C. v. Butler County Board of RevisionOhio Supreme Court· 2010-08-19· cited 17×
- Collins v. CollinsOhio Court of Appeals· 2006-01-20· cited 16×
- Midland Funding, L.L.C. v. CherrierOhio Court of Appeals· 2020-06-11· cited 15×
- Nazareth Deli, L.L.C. v. John W. Dawson Ins., Inc.Ohio Court of Appeals· 2022-11-08· cited 15×
- W2 Properties, L.L.C. v. HaboushOhio Court of Appeals· 2011-08-26· cited 14×
- State ex rel. Andrews v. Lake Cty. Court of Common PleasOhio Supreme Court· 2022-11-30· cited 12×
- Draghin v. IssaOhio Court of Appeals· 2013-05-09· cited 11×
- Spotsylvania Mall Co. v. NobaharOhio Court of Appeals· 2013-03-27· cited 9×
- King v. Water's Edge Condominium Unit Owners' Assn.Ohio Court of Appeals· 2021-05-20· cited 9×
- Progressive Direct Ins. Co. v. WilliamsOhio Court of Appeals· 2022-03-21· cited 9×
- Deutsche Bank National Trust Co. v. BoswellOhio Court of Appeals· 2011-02-16· cited 9×
- ShiftMed, L.L.C. v. Westchester Parkway Consulting, L.L.C.Ohio Court of Appeals· 2025-05-01· cited 9×
Cites
10 cases in this archive are cited by this case.
- Armstrong v. ManzoSupreme Court· 1965-04-27· cited 2,943×
- Wisconsin v. ConstantineauSupreme Court· 1971-01-19· cited 1,666×
- State ex rel. Pressley v. Industrial CommissionOhio Supreme Court· 1967-07-19· cited 1,186×
- Peralta v. Heights Medical Center, Inc.Supreme Court· 1988-02-24· cited 789×
- Ex Parte United StatesSupreme Court· 1916-12-04· cited 540×
- State ex rel. National City Bank v. Board of Education of Cleveland City School DistrictOhio Supreme Court· 1977-11-16· cited 123×
- In Re WinnSupreme Court· 1909-05-03· cited 94×
- State ex rel. Tollis v. Court of AppealsOhio Supreme Court· 1988-12-28· cited 49×
- State ex rel. Sawyer v. O'ConnorOhio Supreme Court· 1978-06-21· cited 42×
- State ex rel. Osborn v. JacksonOhio Supreme Court· 1976-04-21· cited 38×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.