On Wednesday, September 18, 2024, the Supreme Court of Ohio received a complaint for a writ of prohibition filed by Kiel Greenlee, Angela Greenlee, and Gloria Greenlee, residents of Montgomery County. The complaint targets several judges and an attorney, alleging they acted beyond their jurisdiction in a related case.
The relators, acting pro se, claim that the Ohio Second District Court of Appeals lacks jurisdiction over the appeal filed by attorney Jared Wagner on behalf of his client, Ann Richart. The appeal stems from a forcible entry and detainer action in the Montgomery County Common Pleas Court, presided over by Judge Dennis J. Adkins and Magistrate Jeannine Meyers.
The Greenlees’ complaint references prior litigation in which they allege discriminatory practices by Richart, in violation of both the Ohio Fair Housing Act and the Federal Fair Housing Act. This previous action, filed on October 31, 2023, is identified as Kiel Greenlee et al. v. Ann Richart et al., Montgomery County Common Pleas Court Case No. 23 CV 05818.
According to the complaint, the Greenlees argue that the appeal taken by Wagner was based on an interlocutory order, which they assert does not confer jurisdiction to the appellate court. They contend that the matter, involving a non-renewal notice and subsequent eviction proceedings, should not have been addressed by the Ohio Second District Court of Appeals.
The complaint outlines a timeline of events leading up to the current judicial proceedings. The Greenlees entered into a lease agreement with Richart on November 4, 2022, but received a thirty-day notice of non-renewal on September 26, 2023. Following this, Richart initiated an eviction action against the Greenlees on November 20, 2023, which was filed in the Montgomery County Common Pleas Court.
The relators assert that the judges of the Second District Court of Appeals—Judges Christopher Epley, Mary Katherine Huffman, and Ronald Lewis—have overstepped their authority by entertaining the appeal. They argue that Wagner’s notice of appeal, filed on January 29, 2024, was untimely and that the underlying judgments from Judge Adkins were not final and, therefore, not subject to appeal.
Furthermore, the Greenlees assert that the procedural requirements outlined in Ohio Civil Rule 53 were not followed in the earlier proceedings. They allege that the “Proposed Entry and Order” submitted by Magistrate Meyers did not meet the necessary criteria to be considered a valid magistrate’s decision, lacking proper signatures and service to the parties involved.
In the complaint, the Greenlees seek to prevent the appellate judges from exercising jurisdiction over the case, claiming their actions could adversely affect the outcome of their ongoing litigation in the Montgomery County Common Pleas Court.
The document highlights the Greenlees’ concerns over the jurisdictional issues surrounding their case and emphasizes their desire to maintain the status quo pending the resolution of their allegations against Richart.
As this situation develops, the Supreme Court of Ohio will review the complaint and determine the appropriate course of action regarding the jurisdictional claims and the validity of the previous court orders.
A copy of the original filing can be found here.
