State ex rel. Stone v. Norman

Citations

• 234 N.E.3d 1132
• 2024 Ohio 263

Syllabus

The Franklin County Court of Common Pleas erred in granting summary judgment in favor of respondent-appellee, the Registrar of the Ohio Bureau of Motor Vehicles, in realtor-appellant's action for a writ of mandamus ordering respondent-appellee to vacate his driver's license suspension pursuant to R.C. 4509.40, or alternatively for declaratory and injunctive relief. The trial court erroneously concluded that a judgment that has gone dormant and cannot be revived is not \stayed\ or \satisfied\ for purposes of R.C. 4509.40. Based on its erroneous legal conclusion, the trial court concluded that relator-appellant did not have a clear legal right to relief in mandamus and was not entitled to declaratory relief. The trial court also erred by holding that relator-appellant had an adequate remedy at law. Judgment reversed and cause remanded.