State2/28/1990
action for the wrongful death of an Ohio resident, wherever caused, even against nonresidents of Ohio.
In ruling that the writ should issue, the Ohio Supreme Court determined that the relator did not have sufficient minimum contacts with Ohio to warrant the respondent's exercise of jurisdiction over him. The court ac-
knowledged that the relator had available to him the legal remedy of appeal and cautioned that prohibition is not a substitute for an appeal. The court reasoned, however, that, because "personal jurisdiction is so totally lacking in this case, we hold it too harsh to require [the relator] to defend major litigation through an appeal simply to demonstrate a right so well established." Id. at 191, 546 N.E.2d at 410. The court thus held that:
"When a lower court totally lacks jurisdiction, the availability or adequacy of a remedy of appeal to prevent the resulting injustice is immaterial to the exercise of supervisory jurisdiction by a superior court to prevent usurpation of jurisdiction by the inferior court.""" Id. at 192, 546 N.E.2d at 410 (citing Fisher, supra, 43 Ohio St.3d at 163, 540 N.E.2d at 241; State, ex rel. Adams, v. Gusweiler , 30 Ohio St.2d 326, 329, 59 O.O.2d 387, 388, 285 N.E.2d 22, 24).
We find McGough, supra, to be apposite to the cause sub judice. We note that the action that Ney seeks to prohibit, the issuance of an order requiring disclosure of the grand jury proceedings, has already been taken. Ney's petition may be construed, however, to anticipate future action by Judge Allen to enforce the order. Should Ney refuse to disclose that which has been ordered disclosed, he could be found in contempt, a judgment from which the remedy of appeal lies. However, Ney is not a party to the proceedings over which Judge Allen presides, and neither Ney, as county prosecutor, nor Judge Allen, as a municipal court judge has authority over the grand jury. See State, ex rel. Shoop, v. Mitrovich (1983), 4 Ohio St.3d 220, 4 OBR 575, 448 N.E.2d 800 (the grand jury is under the control and direction of the court of common pleas). Therefore, Judge Allen lacks both personal jurisdiction over Ney and subject-matter jurisdiction over the grand jury proceedings. Following the reasoning of the Ohio Supreme Court in McGough, supra, the availability of the remedy of appeal from a judgment of contempt thus becomes immaterial and by issuing the writ, we "will stop needless, fruitless and protracted litigation when the end result is not in doubt." Id., 46 Ohio St.3d at 192, 546 N.E.2d at 411. Therefore, a writ of prohibition restraining Judge Allen from ordering disclosure of grand jury proceedings in Hamilton County case number B-894474 shall issue.
Writ allowed.
SHANNON, P.J., KLUSMEIER and HILDEBRANDT, JJ., concur.
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