State ex rel. Ebbing v. Ricketts

Appellant was appointed as the village of New Miami fiscal officer. Later the mayor discovered that Appellant failed to properly perform his duties as village fiscal officer, and the village council passed a resolution terminating Appellant's employment as fiscal officer without cause. The mayor subsequently appointed Appellee as the new village fiscal officer. Approximately three years later Appellant filed a complaint in the court of appeals for a writ of quo warranto ousting Appellee from the office of fiscal officer and reinstating him to the office. The court of appeals denied the writ and awarded Appellee reasonable attorney fees and expenses. The Supreme Court (1) affirmed the judgment denying the writ of quo warranto and most of the challenged rulings on various motions in the case, holding that the court of appeals properly held that Appellant could not establish either that the office of village fiscal order was being unlawfully held by Appellee or that Appellant was entitled to the office; and (2) reversed the judgment awarding reasonable attorney fees and expenses, holding that the court of appeals erred in imposing sanctions under Ohio R. Civ. P. 11 without holding an evidentiary hearing. Remanded. View "State ex rel. Ebbing v. Ricketts" on Justia Law