Opinion
Case No. 2012CA00086
09-24-2012
JAMES CHRISTOPHER ALLISON, STATE OF OHIO EX REL Relator v. JOHN G. HAAS, JUDGE, COURT OF COMMON PLEAS Respondent
For Relator JAMES CHRISTOPHER ALLISON For Respondent JOHN D. FERRERO Stark County Prosecuting Attorney KATHLEEN O. TATARSKY Assistant Prosecuting Attorney
JUDGES:
Hon. William B. Hoffman, P.J.
Hon. John W. Wise, J.
Hon. Julie A. Edwards, J.
OPINION
CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed APPEARANCES: For Relator JAMES CHRISTOPHER ALLISON For Respondent JOHN D. FERRERO
Stark County Prosecuting Attorney
KATHLEEN O. TATARSKY
Assistant Prosecuting Attorney
Hoffman , P.J.
{¶1} Relator, James Allison, has filed a Complaint for writ of mandamus requesting this Court issue a writ requiring Respondent to waive the fine and court costs imposed in Relator's underlying criminal case. Respondent has filed a motion to dismiss on the basis the Complaint has become moot.
{¶2} Subsequent to the filing of the instant of Complaint, the trial court issued an order waiving Relator's fine and court costs.
{¶3} The Supreme Court has held, "Neither procedendo nor mandamus will compel the performance of a duty that has already been performed. State ex rel. Grove v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305." State ex rel. Kreps v. Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668.
{¶4} Because the requested relief has already been obtained, we find the complaint for writ of mandamus is moot and grant the motion to dismiss. By: Hoffman, P.J. Wise, J. and Edwards, J. concur
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HON. WILLIAM B. HOFFMAN
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HON. JOHN W. WISE
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HON. JULIE A. EDWARDS
JAMES CHRISTOPHER ALLISON, STATE OF OHIO EX REL Relator
-vs
JOHN G. HAAS, JUDGE, COURT OF COMMON PLEAS Respondent
JUDGMENT ENTRY
Case No. 2012CA00086
For the reasons stated in our accompanying Opinion, we find the complaint for writ of mandamus is moot and grant the motion to dismiss. Costs waived.
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HON. WILLIAM B. HOFFMAN
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HON. JOHN W. WISE
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HON. JULIE A. EDWARDS