· 6/23/2026

State ex rel. Pottinger v. Cleveland Mun. Court

Citations

  • 2026 Ohio 2414

Syllabus

Prohibition, jurisdictional-priority rule, R.C. 959.132, civil proceeding, bond and animal forfeiture, termination of jurisdiction, anomalous journal entry, judicial authority, quasi-judicial authority. This court denied an application for a writ of prohibition based on the jurisdictional-priority rule. Because the R.C. 959.132 proceeding for determining probable cause, bond for care of the animals, and forfeiture if the bond is not paid is a civil proceeding the jurisdictional-priority rule did not apply. Criminal case for animal cruelty pending in the common pleas court did not deprive the municipal court from conducting a R.C. 959.132 proceeding concerning the animals. An anomalous journal entry setting bond that bore the case number of nollied case did not void the journal entry under the termination-of-jurisdiction principle, because the peculiar facts showed that it was entered in a pending case. The Animal Protective League did not exercise judicial or quasi-judicial power.

Judges: Calabrese

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