Opinion
No. 91-213
Submitted April 8, 1991 —
Decided July 3, 1991.
APPEAL from the Court of Appeals for Butler County, No. CA90-11-0224.
Relator, Michael C. Dewey, filed a mandamus action in the Court of Appeals for Butler County asking that court to compel the Registrar of the Ohio Bureau of Motor Vehicles to reinstate a stay of suspension of relator's operator's license ordered by a judge of the Court of Common Pleas of Butler County. The court granted respondent's motion to dismiss the action, and relator appealed to this court as a matter of right.
Michael C. Dewey, appellant, pro se. Lee I. Fisher, Attorney General, and Cheryl D. Minsterman, for appellee.
Relator's license was originally suspended on April 17, 1990. Relator appealed the suspension to the court of common pleas which on April 20, 1990 issued a stay of the suspension pursuant to R.C. 119.12. On August 9, 1990 the court upheld the suspension of relator's license. Consequently, on or about October 1, 1990, relator was informed by the Ohio Bureau of Motor Vehicles that his suspension would be in effect unless he obtained a court entry ordering a stay.
Relator did not seek a court entry ordering a stay, but instead filed a mandamus action in the court of appeals. The court of appeals dismissed the action stating that relator had an adequate remedy at law. This court agrees with the court below. App.R. 7(A) permits relator to apply for a stay or injunction pending appeal. This remedy being adequate at law, relator's mandamus action is not warranted.
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.