Opinion
No. 91-382
Submitted July 31, 1991 —
Decided September 18, 1991.
APPEAL from the Court of Appeals for Lucas County, No. L-91-022.
David R. Pheils, Jr. and Marshall D. Wisniewski, pro se.
Appellants, attorneys David R. Pheils, Jr. and Marshall D. Wisniewski, seek to prohibit appellee, Lucas County Common Pleas Court Judge James D. Bates, from enforcing an order requiring them to retain counsel in two actions before that court. Appellants cite Svoboda v. Brunswick (1983), 6 Ohio St.3d 348, 349, 6 OBR 403, 404, 453 N.E.2d 648, 649, to show that appellee has no judicial authority to prevent them from representing themselves, and State, ex rel. Butler, v. Demis (1981), 66 Ohio St.2d 123, 20 O.O.3d 121, 420 N.E.2d 116, to show that they have no adequate legal alternative to a writ of prohibition. These showings are sufficient to withstand dismissal pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief can be granted) and, in the absence of any response from appellee, they are a sufficient basis for granting appellants relief pursuant to our plenary authority in extraordinary actions. Accordingly, the court of appeals' judgment is reversed and the writ of prohibition is allowed.
SWEENEY, DOUGLAS and WRIGHT, JJ., concur.
HOLMES, J., concurs in judgment only.
MOYER, C.J., H. BROWN and RESNICK, JJ., dissent.