ST. ROBINSON v. CUYAHOGA CTY. CRT. OF COMMON PLEAS, 75 Ohio St.3d 431 (1996)

662 N.E.2d 798

THE STATE EX REL. ROBINSON, APPELLANT, v. CUYAHOGA COUNTY COMMON PLEAS COURT, APPELLEE.

No. 95-2110Supreme Court of Ohio.Submitted February 20, 1996 —
Decided April 17, 1996.

APPEAL from the Court of Appeals for Cuyahoga County, No. 69476.

Lewis G. Robinson appeals from a decision of the Court of Appeals for Cuyahoga County dismissing his August 25, 1995 complaint for a writ of mandamus. The complaint sought to require the Cuyahoga County Court of Common Pleas to vacate its order of January 26, 1990 in which it appointed a guardian ad litem for Robinson.

In dismissing Robinson’s complaint, the court of appeals found that since a court of common pleas has jurisdiction to appoint a guardian ad litem, a writ of mandamus will not lie to compel vacation of the appointment order and the appropriate remedy for Robinson was by an appeal.

The cause is now before this court upon an appeal as of right.

Lewis G. Robinson, pro se.
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Gregory B. Rowinski, Assistant Prosecuting Attorney, for appellee.

Per Curiam.

We agree with the court of appeals. Since Sturges v. Longworth
(1853), 1 Ohio St. 544, we have approved of a court of common pleas’ appointing a guardian ad litem, literally a guardian for the case, who has no duties prior to the institution of a suit or after its termination but whose sole duty is to defend in a particular cause. Civ.R. 17(B) authorizes a court, as incident to its power to try a case, to order the appointment of a guardia ad litem. Robinson’s remedy was appeal from that order. Mandamus will not issue where, as here, there was an adequate remedy at law.

The judgment of the court of appeals is hereby affirmed.

Judgment affirmed.

Page 432

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

WRIGHT, J., not participating.

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