Ex Parte State Personnel Board. (In Re Ruth A. Gwin v. Nationwide Life Insurance Company). State Personnel Board and…

Summary

The court held that the State Personnel Board was not a party because its motion to intervene was never granted and was withdrawn. Because the trial court nevertheless enjoined the Board from issuing administrative subpoenas, the proper appellate remedy was an appeal rather than mandamus, and the injunction was reversed for lack of jurisdiction over the nonparty Board. Chief Justice Cobb, concurring in part and dissenting in part, would have remanded for the trial court to determine whether the Board was a necessary party.