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· 12/5/2022

State ex rel. Maron v. Corrigan

Citations

  • 203 N.E.3d 52
  • 2022 Ohio 4406

Syllabus

Prohibition general subject-matter jurisdiction of common pleas court declaratory judgment injunctive relief jurisdictional-priority rule. The relator seeks a writ of prohibition to prevent the common pleas court from adjudicating a complaint for declaratory judgment that includes claims for injunctive relief, tortious interference with contract, breach of contract, and trespass. The relator argues that a pending divorce action that involves the division of marital assets divests the court of common pleas of jurisdiction to adjudicate the complaint for declaratory judgment and other claims, based upon the jurisdictional-priority rule. We find that the court of common pleas possesses the jurisdiction to proceed to adjudication of the claim for declaratory judgment and other civil claims. In addition, we find that the jurisdictional-priority rule is not applicable under the facts presented in the complaint for prohibition. Writ denied.

Judges: E.T. Gallagher

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