Opinion
No. 79-845
Decided December 12, 1979.
Habeas corpus — Writ denied, when — Adequate remedy at law available.
APPEAL from the Court of Appeals for Cuyahoga County.
This is an appeal by appellant Dennis Pettry from the dismissal by the Court of Appeals of appellant's request for a writ of habeas corpus to have his three minor children returned to him. Appellant is the natural father of three children and is divorced from their mother. By an order dated May 3, 1977, the Juvenile Division of the Court of Common Pleas of Cuyahoga County found the Pettry children to be dependent children and placed them in the temporary care and custody of the Cuyahoga County Welfare Department.
The cause is now before this court upon an appeal as a matter of right.
Mr. Dennis Pettry, pro se. Mr. John T. Corrigan, prosecuting attorney, and Mr. David A. Williamson, for appellees.
"A writ of habeas corpus is an extraordinary remedy and will not ordinarily be granted when there is another adequate remedy at law." Linger v. Weiss (1979), 57 Ohio St.2d 97, 100-101. Juv. R. 7(G) provides, in part: "Any decision relating to detention or shelter care may be reviewed at any time upon motion of any party." Appellant can have a rehearing on the matter of the custody of his children. This is an adequate legal remedy sufficient to deny the request herein for a writ of habeas corpus.
The judgment of the Court of Appeals is, therefore, affirmed.
Judgment affirmed.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.