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State ex rel Toma v. Corrigan

8/22/2001

ed for the Ohio resident and her estate. Under these circumstances, Toma could reasonably anticipate being haled into an Ohio court to answer concerning his transactions relating to Meszaros and her estate.


Despite Toma's contentions to the contrary, this case is not comparable to State ex rel. Connor v. McGough (1989), 46 Ohio St.3d 188, 546 N.E.2d 407, where we granted a writ of prohibition because the Due Process Clause of the Fourteenth Amendment patently and unambiguously prevented the Ohio court from asserting personal jurisdiction in an Ohio wrongful death case over a German resident for his involvement in an automobile accident with the Ohio resident in Germany. This is not one of those rare cases, like Connor, in which we issued the writ based on the lack of personal jurisdiction that was "premised on a complete failure to comply with constitutional due process." Fraiberg, 76 Ohio St.3d at 378, 667 N.E.2d at 1193.


In sum, the "issuance of a writ of prohibition based on the alleged lack of personal jurisdiction is, even more than a claimed lack of subject-matter jurisdiction, an `extremely rare occurrence.' " State ex rel. Suburban Constr. Co. v. Skok (1999), 85 Ohio St.3d 645, 647, 710 N.E.2d 710, 712, quoting Clark, 82 Ohio St.3d at 315, 695 N.E.2d at 757. Toma failed to establish that this case is one of those extremely rare cases in which an Ohio court patently and unambiguously lacks personal jurisdiction over a nonresident defendant. Consequently, Toma has an adequate legal remedy by postjudgment appeal to raise his personal jurisdiction claims. By so holding, we need not expressly rule on the merits of his claims because our review is limited to whether personal jurisdiction is patently and unambiguously lacking. Suburban Constr. Co., 85 Ohio St.3d at 647, 710 N.E.2d at 712.


Based on the foregoing, the court of appeals properly denied the requested extraordinary relief in prohibition. Accordingly, we affirm the judgment of the court of appeals.


Judgment affirmed.


Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.






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