State ex Rel. Davie v. Callahan

Full title: THE STATE EX REL. DAVIE, APPELLANT, v. CALLAHAN, JUDGE, APPELLEE

Court: Supreme Court of Ohio

Date published: Sep 30, 1998

699 N.E.2d 502 (Ohio 1998)

699 N.E.2d 502

Opinion

No. 98-558

Submitted July 8, 1998.

Decided September 30, 1998.

APPEAL from the Court of Appeals for Summit County, No. 18907.

Michael D. Dane, pro se. Maureen O'Connor, Summit County Prosecuting Attorney, and Paul Michael Maric, Assistant Prosecuting Attorney, for appellee.

The judgment of the court of appeals is affirmed; the cause is now moot.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

COOK and LUNDBERG STRATTON, JJ., dissent.

COOK, J., dissenting.

Mootness warrants dismissal of the appeal rather than affirmance of the judgment of the court of appeals. See, e.g., State ex rel. Santora v. Cuyahoga Cty. Bd. of Elections (1962), 174 Ohio St. 11, 21 O.O.2d 35, 185 N.E.2d 438.

LUNDBERG STRATTON, J., concurs in the foregoing dissenting opinion.