COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 77936
STATE OF OHIO, EX REL.        :    PETITION FOR WRIT OF
DEBORAH W. FEGAN, D.V.M.,     :    PROHIBITION
                              :
          Relator             :
                              :    (Motion No. 17082)
     -vs-                     :
                              :
BEREA MUNICIPAL COURT, ET AL.,:    JOURNAL ENTRY AND OPINION
                              :
          Respondents         :
DATE OF JOURNALIZATION:       MAY 8, 2000
JUDGMENT:                     DISMISSED.
APPEARANCES:
For Relator:                  Frank J. Groh-Wargo, Esq.
                              Melinda Brooks Oviatt, Esq.
                              POWERS & GROH-WARGO
                              2 Berea Commons, Suite 215
                              P.O. Box 1059
                              Berea, Ohio 44017
For Respondents:              Gregory M. Sponseller, Esq.
                              Berea Law Director
                              City of Berea
                              11 Berea Commons
                              Berea, Ohio 44017
                               -2-
TIMOTHY E. McMONAGLE, P.J.:
     Relator  avers  that:  She  is  the  defendant  in   Colombo
Enterprises, Inc. v. Fegan, Berea Mun. Court Case No. 00CVG00471,
which  has  been assigned  to  respondent  judge.   She  filed  a
counterclaim in Case No. 00CVG00471 in excess of $25,000.00.  She
also filed a motion to certify Case No. 00CVG00471 to the court of
common pleas because the amount of the prayer in the counterclaim
exceeds the monetary jurisdiction of the municipal court.  See Civ.
R. 13(J); R.C. 1901.22. A magistrate denied the motion to certify.
Trial is scheduled for Tuesday, May 9, 2000.  As a   consequence,
she requests that this court issue a writ of prohibition preventing
respondent from going forward with Case No. 00CVG00471.
     Relator has also filed an application for an alternative  writ
of  prohibition. By  separate   entry, we  have denied  relator's
request for an alternative writ.
     In Lewallen v. Mentor Lagoons, Inc. (1993), 85 Ohio App.3d 91,
619 N.E.2d 98, this court observed:
     Civ.  R. 13(J) recognizes the municipal court must make
     any determination concerning certification and specifies
     neither the  time  nor the  procedure for  making  this
     determination.  Cases interpreting this provision  have
     uniformly held that the municipal court is authorized to
     examine whether the counterclaim states a claim exceeding
     its jurisdiction and is not required to certify cases to
     the common pleas court based solely upon the amount  of
     the monetary demand in a counterclaim.  See Gravill  v.
     Parkhurst (1985),  27 Ohio App.3d 100, 27  OBR 121, 499
     N.E.2d 913; Hersch v. Debreczeni (1973), 33 Ohio App.2d
     235, 62 O.O.2d 349, 294 N.E.2d 918 (citing Toth v. Klein
     [1971], 27 Ohio Misc. 37, 56 O.O.2d 236, 272 N.E.2d 215).
85 Ohio App.3d 95-96.  See  also Driscoll v. Mentor  Lagoons, Inc.
(Dec. 16, 1993), Cuyahoga App. No. 64482, unreported.
                               -3-
     Lewallenindicates that a municipal court has the authority to
make a determination as  to whether it is necessary to certify the
proceedings  to the  court of   common  pleas. Furthermore,  both
Lewallen and Driscoll exemplify that appeal is an adequate remedy
with respect to a municipal court's handling of  the certification
issue. See also Widder & Widder v. Kutnick (1996), 113 Ohio App.3d
616, 626 [8th dist.].  As a  consequence,  relief  in prohibition
would not be appropriate.   See State ex rel. Dudley v.  Spanagel
(June 29, 1994),  Cuyahoga App. No.  67366, unreported; Kahan  v.
Shaker Hts. Mun. Court  (Oct. 6, 1994), Cuyahoga App. No.  66842,
unreported.
     Accordingly, relator's complaint is dismissed sua sponte for
failure to state a claim upon which relief can be granted.  Relator
to pay costs.
     Writ dismissed.
                                   ______________________________
                                        TIMOTHY E. MCMONAGLE
                                        PRESIDING JUDGE
SPELLACY, J., and
KILBANE, J., CONCUR.
.