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Mahalli v. Wiliams-Byers

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Oct 9, 2019
2019 Ohio 4169 (Ohio Ct. App. 2019)

Opinion

No. 108804

10-09-2019

SAID ISAAC MAHALLI, Relator, v. THE HONORABLE GAYLE WILIAMS-BYERS, Respondent.

Appearances: Michael J. Goldberg, for relator.


JOURNAL ENTRY AND OPINION JUDGMENT: COMPLAINTS DISMISSED Writs of Mandamus and Procedendo
Order No. 532379

Appearances:

Michael J. Goldberg, for relator. MARY J. BOYLE, P.J.:

{¶ 1} On July 16, 2019, the relator, Said Isaac Mahalli, commenced this mandamus and procedendo action against the respondent, Judge Gayle Williams-Byers, to compel the judge to rule on a motion for new trial, which Mahalli filed on April 22, 2019, in the underlying case, S. Euclid v. Mahalli, South Euclid M.C. No. CRB 1700178A. A review of the docket in the underlying case reveals that the trial court denied the subject motion for new trial on July 31, 2019. Therefore, Mahalli has received his requested relief, and the trial court fulfilled its duty to proceed to judgment on the subject motion. This writ action is moot.

{¶ 2} The petition is defective because it is improperly captioned. Mahalli styled this petition as "Said Isaac Mahalli v. the Honorable Gayle Willams-Byers." R.C. 2731.04 requires that an application for a writ of mandamus "must be by petition, in the name of the state on the relation of the person applying." This failure to properly caption a mandamus action is sufficient grounds for dismissing the mandamus claim. Maloney v. Court of Common Pleas of Allen Cty., 173 Ohio St. 226, 181 N.E.2d 270 (1962).

{¶ 3} Accordingly, the court dismisses the application for writs of mandamus or procedendo. Relator to pay costs. This court directs the clerk of courts to serve all parties notice of this judgment and its date of entry upon the journal as required by Civ.R. 58(B).

{¶ 4} Complaints dismissed. /s/_________
MARY J. BOYLE, PRESIDING JUDGE FRANK D. CELEBREZZE, JR., J., and
MICHELLE J. SHEEHAN, J., CONCUR


Summaries of

Mahalli v. Wiliams-Byers

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Oct 9, 2019
2019 Ohio 4169 (Ohio Ct. App. 2019)
Case details for

Mahalli v. Wiliams-Byers

Case Details

Full title:SAID ISAAC MAHALLI, Relator, v. THE HONORABLE GAYLE WILIAMS-BYERS…

Court:COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

Date published: Oct 9, 2019

Citations

2019 Ohio 4169 (Ohio Ct. App. 2019)