Opinion
No. 87-1631
Decided February 24, 1988.
Prohibition — Writ granted, when — Respondents have engaged in continuing and vexatious abuse of judicial process — Writ will not issue to prevent future actions from being filed.
IN PROHIBITION.
Relators, Commercial Savings Bank ("CSB"), Paul A. Burson, Linden J. Beck, and Bruce J. Beck, assert that on June 18, 1986, CSB took a cognovit judgment against respondent William J. Walton in the amount of $514,964.82 and against respondent Joyce D. Walton in the amount of $408,986.74 in the Wyandot County Court of Common Pleas, case No. 86-CV-46.
In a subsequent case, No. 86-CV-53, CSB filed a foreclosure suit to sell three parcels of real estate which secured the promissory notes on which CSB had taken judgment. CSB was granted summary judgment and the three parcels were ordered sold at a sheriff's sale.
On August 14, 1986, William and Joyce Walton filed a counterclaim in the foreclosure action alleging that CSB fraudulently seized certain farm equipment. Thereafter, CSB filed its own counterclaim against William and Joyce Walton for fraudulently transferring the equipment to a third party. CSB was subsequently granted a default judgment on its counterclaim.
On October 14, 1986, William and Joyce Walton filed a motion to vacate the judgments in case Nos. 86-CV-46 and 86-CV-53. This motion was denied. Respondents appealed this denial to the Court of Appeals for Wyandot County, and also appealed the judgment in case No. 86-CV-53, the foreclosure action.
Between November 1986 and August 1987, William and Joyce Walton and their sons, respondents Jonathan, Stephan, and Frederick, separately or in groups, initiated numerous actions in "trespass" and/or other relief against CSB and others. In addition, William and Joyce Walton, and William, individually, filed "common law" liens against CSB in the amounts of $15,000,000, and $250,000; and Stephan Walton filed a $125,000 "common law" lien against CSB. The court ordered all three liens stricken from the recorder's office. However, Stephan subsequently refiled his lien twice.
The Waltons have instituted at least five separate actions against the various judges involved in the matters underlying this prohibition action. Respondents alleged, inter alia, that the judges evinced bias and prejudice, and were involved in a conspiracy to deny respondents their constitutional rights.
Relators are before this court seeking the allowance of a writ of prohibition against the respondent Court of Common Pleas of Wyandot County and an injunction against the Waltons. Respondents filed motions to dismiss essentially on the grounds that relators have failed to state a cause of action.
Burson Beck, Paul A. Burson, Linden J. Beck and Bruce J. Beck, for relators.
William J. Walton, Joyce D. Walton, Frederick W. Walton, Stephan W. Walton and Jonathan S. Walton, respondents, pro se.
In order for a writ of prohibition to issue, relators must establish: (1) that the court or officer against whom it is sought is about to exercise judicial or quasi-judicial power, (2) that the exercise of such power is unauthorized by law, and (3) that the refusal of the writ will result in injury for which no other adequate remedy exists. State, ex rel. Starner, v. DeHoff (1985), 18 Ohio St.3d 163, 164, 18 OBR 219, 220, 480 N.E.2d 449, 450; State, ex rel. Northern Ohio Tel. Co., v. Winter (1970), 23 Ohio St.2d 6, 8, 52 O.O. 2d 29, 30, 260 N.E.2d 827, 828.
Further, this court has allowed a writ of prohibition when a party has engaged in a continuing and vexatious abuse of the judicial process. State, ex rel. Stark, v. Summit Cty. Court of Common Pleas (1987), 31 Ohio St.3d 324, 31 OBR 599, 511 N.E.2d 115.
The record here clearly indicates that the Waltons have engaged in a continuing and vexatious abuse of process. Respondents, either separately or in groups, have filed, one after the other, complaints in "trespass" et al. which, except for the name of the plaintiff, seek the same or related relief. Likewise, the filing and re-filing of "common law" liens by respondents, as well as numerous challenges to nearly every elected and appointed judge involved in the various underlying cases, establish that the Waltons are attempting to use the legal system to both harass the relators and stall the judicial process.
Relators have established that they are entitled to a writ of prohibition preventing the Waltons from further abusing the judicial process. However, relators also request that this court issue a writ of prohibition directing the respondent court of common pleas to accept no further filings from the Waltons in case Nos. 86-CV-46 and 86-CV-53, and an injunction against the Waltons from filing any such future lawsuits. Neither of these requests may be granted.
A writ of prohibition may be allowed only where a court is about to exercise its power. State, ex rel. Starner, supra. Even where a party is engaged in a vexatious abuse of judicial process, this court will only prohibit a court from proceeding where there is a case pending before that particular court. Id. Accordingly, this court will not issue a writ of prohibition to prevent some future action from being filed.
We note in passing that such a procedure might also conflict with Section 16, Article I, Ohio Constitution, which provides that "[a]ll courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law * * *."
This court cannot issue an injunction prohibiting the Waltons from filing future actions because this court does not have original jurisdiction in injunction. State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O. 2d 141, 228 N.E.2d 631, paragraph four of the syllabus.
Accordingly, a writ will issue prohibiting the Court of Common Pleas of Wyandot County from proceeding in any legal actions which have been or may be filed arising from the legal and factual issues involved in either case No. 86-CV-46 or 86-CV-53 until any and all lawful appeals of these issues have been exhausted.
Further abuse of process by respondents William J. Walton, Joyce D. Walton, Frederick W. Walton, Stephan W. Walton and Jonathan S. Walton may result in appropriate sanctions against such parties by this court.
Writ allowed.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.