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The State Ex Rel. Williams v. Sieve

October 18, 2011

THE STATE EX REL. WILLIAMS,
APPELLANT,
v.
SIEVE, JUDGE,
APPELLEE.



APPEAL from the Court of Appeals for Hamilton County, No. C-110179.

Per curiam.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Williams v. Sieve, Slip Opinion No. 2011-Ohio-5258.]

NOTICE

This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2011-OHIO-5258

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Williams v. Sieve, Slip Opinion No. 2011-Ohio-5258.]

Civil procedure--disqualification of magistrate--Mandamus to conduct hearing denied--Adequate remedy by appeal.

Submitted October 5, 2011

{¶1} We affirm the judgment of the court of appeals dismissing the petition of appellant, Daniel J. Williams Jr., for a writ of mandamus to compel appellee, Hamilton County Court of Common Pleas, Domestic Relations Division Judge Jon Sieve, to follow procedural law by hearing and considering oral arguments before ruling on Williams's motion to disqualify a court magistrate in a divorce case. Removal of a magistrate is within the judge's discretion, In re Disqualification of Wilson (1996), 77 Ohio St.3d 1250, 674 N.E.2d 360, and mandamus will not lie to control judicial discretion, even if that discretion is abused. State ex rel. Avery v. Union Cty. Court of Common Pleas, 125 Ohio St.3d 35, 2010-Ohio-1427, 925 N.E.2d 969, ¶ 1. Williams has an adequate remedy by appeal to raise any claims of error in the domestic relations case.

Judgment affirmed.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

20111018

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