State ex rel. Garling v. Nicastro ( 2012 )

[Cite as State ex rel. Garling v. Nicastro, 2012-Ohio-3161.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98644
S/O, EX REL. ANN GARLING
PETITIONER
vs.
HONORABLE DEBORAH J. NICASTRO,
JUDGE, ETC.
RESPONDENT
JUDGMENT:
DISMISSED
Garfield Heights Municipal Court
Case No. CVG 1201259
Writ of Mandamus and/or Prohibition
Motion No. 456645
RELEASE DATE: July 10, 2012
-i-
ATTORNEY FOR PETITIONER
Edward G. Kramer
The Fair Housing Law Clinic
3214 Prospect Avenue, East
Cleveland, Ohio 44115
ATTORNEY FOR RESPONDENT
Judge Deborah J. Nicastro
Je’nine Nickerson
Prosecutor, City of Garfield Heights
5407 Turney Road
Garfield Heights, Ohio 44125
PATRICIA ANN BLACKMON, A.J.:
{¶1} Relator, Ann Garling, is the defendant in Quinlan v. Garling, Garfield Hts.
M.C. No. CVG1201259, an action in forcible entry and detainer, which has been assigned
to respondent judge of the Garfield Heights Municipal Court. In the underlying case, the
plaintiff, Quinlan, filed a motion to bifurcate the proceedings. In an entry dated June 8,
2012, the respondent’s magistrate granted the motion to bifurcate and scheduled the first
cause of action (the eviction claim) for hearing on June 21, 2012. In an entry dated July
3, 2012, respondent scheduled the underlying case for eviction trial on July 10, 2012, at
1:30 p.m. On July 6, 2012, respondent overruled Garling’s objections to the magistrate’s
decision granting the motion to bifurcate and stated that “[t]he hearing on the first cause of
action shall proceed on 07/10/2012.”
{¶2} On May 30, 2012, Garling filed an aswer and counterclaim as well as a motion
to certify the proceedings under Civ.R. 13(J), which provides: “Certification of
proceedings. In the event that a counterclaim, cross-claim, or third-party claim exceeds
the jurisdiction of the court, the court shall certify the proceedings in the case to the court
of common pleas.” Garling avers that magistrate denied the motion to certify (to which
she refers as a “motion to transfer”). See Complaint, ¶ 7. Garling has not attached to
these filings an entry to that effect nor has this court been able to identify an entry denying
the motion to certify on the docket of the underlying case.
{¶3} In State ex rel. Fegan v. Berea Muni. Court, 8th Dist. No. 77936, (May 8,
2000), the relator was the defendant in a forcible entry and detainer action. See Colombo
Ent., Inc. v. Fegan, 142 Ohio App.3d 551, 554, 756 N.E.2d 211 (8th Dist.2001). Fegan
filed a motion to certify in the underlying case and the respondent court scheduled trial.
As a consequence, Fegan requested this court to issue a writ of prohibition preventing
respondent from proceeding in the underlying case.
{¶4} In Fegan, this court relied on Lewallen v. Mentor Lagoons, Inc., 85 Ohio
App.3d 91, 95-96, 619 N.E.2d 98, (8th Dist.1994), and observed that “a municipal court
has the authority to make a determination as to whether it is necessary to certify the
proceedings to the court of common pleas.” Id. at 2. This court also held that “appeal
is an adequate remedy with respect to a municipal court’s handling of the certification
issue.” (Citations omitted.) Id. See also State ex rel. Dudley v. Spanagel, 8th Dist. No.
67366 (June 29, 1994).
{¶5} Likewise, in this action, respondent has the authority to determine whether it is
necessary to certify proceedings to the court of common pleas. Additionally, appeal of
respondent’s determination on the motion to certify is an adequate remedy.
{¶6} Accordingly, we dismiss this action sua sponte. Relator to pay costs. The
court directs the clerk of court to serve all parties with notice of this judgment and its date
of entry upon the journal as required by Civ.R. 58(B).
{¶7} Complaint dismissed.
PATRICIA ANN BLACKMON, ADMINISTRATIVE JUDGE
FRANK D. CELEBREZZE, JR., J., and
SEAN C. GALLGHER, J., CONCUR