Plaintiff Alleges Jurisdictional Overreach by Municipal Court Judge

In a significant legal maneuver, Liquidation Dealz, LLC has initiated a court action seeking writs of mandamus and prohibition against a judge in the Franklin County Municipal Court. This filing was made on June 18, 2025, at the Tenth Appellate District Court of Appeals of Ohio. The defendant in this case is the Honorable Mark A. Hummer, who is presiding over an ongoing case involving Liquidation Dealz.

The crux of Liquidation Dealz’s complaint revolves around their assertion that Judge Hummer lacks jurisdiction over a pending case where they are defendants. The underlying lawsuit was filed by Same T. Husein on March 31, 2022, concerning alleged monetary damages due to a breach of a leasing agreement. Although the case was dismissed without prejudice in April 2023 following settlement representations by both parties’ counsel, it was reopened by Judge Hummer in May 2024 to assess the validity and scope of the settlement agreement after Husein filed a motion to reopen.

Liquidation Dealz contends that Judge Hummer should dismiss the reopened case for lack of jurisdiction and cease all proceedings related to it. They argue that since the initial dismissal did not explicitly retain jurisdiction for enforcing or revisiting claims under the settlement agreement, reopening the case exceeds judicial authority. Their petition also highlights potential constitutional issues such as due process violations and separation of powers concerns.

Despite these assertions, Judge Hummer’s legal team moved to dismiss Liquidation Dealz’s petition on grounds that it fails to state a claim warranting relief through mandamus or prohibition. The magistrate reviewing this matter concluded that Liquidation Dealz has not demonstrated that Judge Hummer patently and unambiguously lacks jurisdiction over the reopened case or that they lack an adequate remedy at law through appeal processes.

Ultimately, the magistrate recommended granting Judge Hummer’s motion to dismiss Liquidation Dealz’s complaint. As no objections were filed against this recommendation within the stipulated period, Judges Mentel and Edelstein concurred with adopting this decision as final.

Representing Liquidation Dealz is attorney Ambrose Moses III while Zach Klein along with Matthew D. Sturtz serve as counsel for Judge Hummer. The case is identified under No. 25AP-488 with Magistrate Joseph E. Wenger IV overseeing proceedings leading up to this dismissal recommendation.