On Tuesday, December 2, 2025, Thomas J. Fritsche filed a complaint with the Supreme Court of Ohio seeking writs of prohibition and mandamus against the Summit County Court of Common Pleas, Domestic Relations Division, and Visiting Judge Debra Boros. The complaint alleges jurisdictional defects in an underlying divorce case, DR-2024-12-3322, involving Fritsche and Elizabeth Fritsche.
Fritsche contends that the Summit County court never acquired subject-matter jurisdiction because the plaintiff in the divorce case, Elizabeth Fritsche, did not meet the mandatory ninety-day residency requirement stipulated in Ohio Revised Code 3105.03 prior to filing. He asserts this fact is undisputed.
According to the complaint, Fritsche challenged the court’s jurisdiction, and the matter is currently pending before the Ninth District Court of Appeals under Case Nos. CA-31608 and CA-31626. Fritsche states that on August 19, 2025, Judge Katarina Cook issued a stay in the case, acknowledging the court’s lack of jurisdiction while the appeal was pending.
Despite the stay, Fritsche alleges that Judge Boros issued a Notice of Hearing on November 17, 2025, ordering the parties to appear on December 10, 2025, to discuss all pending issues. Fritsche argues that this hearing order was issued while the case was stayed and after the trial court had already recognized its lack of jurisdiction.
The complaint further states that a Recusal Order dated October 3, 2025, indicated the case would be assigned to a visiting judge by the Ohio Supreme Court. However, Fritsche claims that no Certificate of Assignment, as required by Ohio Supreme Court Rule 36.01, appears on the docket. He argues that Judge Boros is therefore acting without proper assignment.
Fritsche asserts that the respondents continue to enforce temporary orders, restrict his access to his children and vehicle, impose obligations, and schedule hearings despite the alleged absence of subject-matter jurisdiction. He claims these actions are causing ongoing, irreparable harm to him and his children.
In his complaint, Fritsche requests that the Supreme Court issue a writ of prohibition to prevent the respondents from exercising further jurisdiction in the case, and a writ of mandamus compelling them to dismiss the case for lack of subject-matter jurisdiction. He also seeks a declaration that venue and jurisdiction properly lie in Cuyahoga County, and that all orders issued in the Summit County action be declared void ab initio. Finally, he requests a sua sponte review of the judicial assignment and a voiding of all actions taken without a Certificate of Assignment.
A copy of the original filing can be found here.
