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Allison v. Haas

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT
Sep 24, 2012
2012 Ohio 4395 (Ohio Ct. App. 2012)

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

_______________

HON. WILLIAM B. HOFFMAN

_______________

HON. JOHN W. WISE

_______________

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.

_______________

HON. WILLIAM B. HOFFMAN

_______________

HON. JOHN W. WISE

_______________

HON. JULIE A. EDWARDS


Summaries of

Allison v. Haas

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT
Sep 24, 2012
2012 Ohio 4395 (Ohio Ct. App. 2012)
Case details for

Allison v. Haas

Case Details

Full title:JAMES CHRISTOPHER ALLISON, STATE OF OHIO EX REL Relator v. JOHN G. HAAS…

Court:COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: Sep 24, 2012

Citations

2012 Ohio 4395 (Ohio Ct. App. 2012)