Opinion
No. 75-989
Decided April 28, 1976.
Prohibition — Not available, when — Appeal available.
APPEAL from the Court of Appeals for Cuyahoga County.
On March 24, 1970, the Court of Common Pleas granted a divorce to Paula Ruffin, then wife of the relator, Sammie Ruffin, and incorporated a separation agrement in the decree.
Five years later, in June 1975, Paula Ruffin filed a "motion for relief after judgment" asking that the judgment as to the property distribution and alimony and approval of the separation agreement be set aside on the ground of fraudulent information supplied by the relator as to the extent of the properties held by him.
Relator filed a complaint in prohibition in the Court of Appeals to enjoin the Court of Common Pleas from proceeding with the matter, alleging that the motion for relief after judgment is in violation of Civ. R. 60(B).
The Court of Appeals granted respondent's motion to dismiss the complaint, and the cause is now before this court upon an appeal as of right.
Mr. John G. Pegg, for appellant.
Mr. Conrad J. Morgenstern, for appellee.
Appellant's remedy is by way of appeal, and "prohibition is not a substitute for appeal." State, ex rel. Gilla, v. Fellerhoff (1975), 44 Ohio St.2d 86, 88.
The judgment of the Court of Appeals, dismissing the complaint in prohibition, is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.