On Thursday, March 26, 2026, Jose L. Arroyo-Garcia filed a petition in the Ohio Supreme Court seeking a writ of prohibition against Judge Carl Anthony Aveni II of the Franklin County Common Pleas Court. Arroyo-Garcia’s petition, filed pro se, challenges Judge Aveni’s jurisdiction in a forfeiture action initiated by the State of Ohio.

The case originates from a civil forfeiture action filed on August 18, 2014, concerning property seized during Arroyo-Garcia’s criminal case, including a 2005 Acura MDX, illegal drugs, and $25,991. Attempts to serve Arroyo-Garcia with the complaint were unsuccessful, leading to service by publication. On December 15, 2015, the trial court granted a default judgment, ordering the forfeiture.

Arroyo-Garcia moved to vacate the judgment on May 3, 2024, arguing the state did not exercise reasonable diligence in locating him, attaching a judgment entry showing his incarceration during the relevant period. Judge Aveni granted the motion on July 26, 2024, finding the state’s service by publication inadequate due to Arroyo-Garcia’s incarceration. The state’s appeal was unsuccessful.

Subsequently, the state refiled the forfeiture action on July 2, 2025, and again on October 24, 2025, seeking specific assignment to Judge Aveni. Arroyo-Garcia filed a motion to dismiss on November 13, 2025, challenging Judge Aveni’s jurisdiction, which Judge Aveni denied on December 22, 2025.

Arroyo-Garcia argues that Judge Aveni lacks jurisdiction to preside over the matter due to the state’s alleged abuse of the savings statute, which allows for the refiling of an action under certain conditions. He contends that the state is attempting to capitalize on language from the court of appeals judgment after the court rejected further adjudication. Arroyo-Garcia cites Ohio Revised Code Section 2305.19(A), arguing that the savings statute cannot be used more than once.

Judge Aveni’s August 5, 2025 decision dismissed the case, stating the court lacked jurisdiction to extend the statute of limitations for another refiled complaint. The petition before the Ohio Supreme Court seeks to prohibit Judge Aveni from further presiding over the forfeiture action.

A copy of the original filing can be found here.