State ex rel. Lundeen v. Miday
Citations
- 2026 Ohio 1458
Syllabus
Mandamus; Civ.R. 12(C); motion for judgment on the pleadings; jurisdiction; adequate remedy; counterclaim dismissal. When a specific action is within a court's subject-matter jurisdiction, any error in the exercise of that jurisdiction renders the court's judgment voidable, not void. Any extraordinary relief, such as through an original action, is not available to attack a voidable judgment. When a court possesses basic subject-matter jurisdiction to act, and an appeal is available, a writ will not issue. Thus, we find that the relators have failed to establish a right to have the dismissal of their counterclaim vacated, failed to establish that respondent-judge is required to vacate the judgment that dismissed their counterclaim, and failed to establish that an appeal does not constitute an adequate remedy in the ordinary course of the law.
Judges: Laster Mays
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