Opinion
No. 77-992
Decided April 26, 1978.
Prohibition — Remedy not available, when.
APPEAL from the Court of Appeals for Cuyahoga County.
Relator Board of County Commissioners of Cuyahoga County refused to appropriate the total funds requested by respondents and determined to be necessary for the operation of the Juvenile Division of the Court of Common Pleas of Cuyahoga County for the year 1977. Relators were served with orders to appropriate the additional sum deemed necessary for the operation of the court or to show cause as to why they should not be held in contempt.
Thereafter, relators sought a writ of prohibition in the Court of Appeals to prevent respondents, judges of the Juvenile Division, from enforcing those orders. The Court of Appeals granted respondents' motion to dismiss and the cause is now before this court as a matter of right.
Mr. John T. Corrigan, prosecuting attorney, Mr. Thomas P. Gill and Mr. Daniel J. Ryan, for appellants.
Messrs. Vanik, Monroe, Zucco. Klein Scanlon, Mr. William T. Monroe and Mr. Gary S. Okin, for appellee.
In State, ex rel. Edwards, v. Murray (1976), 48 Ohio St.2d 303, a decision closely paralleling the instant cause, this court stated, at page 304;
"The remedy by appeal is adequate, for it error were to intervene or discretion be abused, stays of a questionable order may be granted."
The Court of Common Pleas has jurisdiction to proceed in the contempt action.
Therefore, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.