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Relator v. Groh

COURT OF APPEALS FIFTH APPELLATE DISTRICT GUERNSEY COUNTY, OHIO
Feb 10, 2015
2015 Ohio 536 (Ohio Ct. App. 2015)

Opinion

CASE NO. 14-CA-18

02-10-2015

ROY HART Relator v. MICHAEL GROH Respondent

APPEARANCES: For Relator: Roy Hart #A686615 N.C.C.C 670 Marion-Williamsport Rd. E P.O. Box 1812 Marion, Ohio 43301-1812 For Respondent: Attorney Michael Groh 954 Wheeling Avenue #37 Cambridge, Ohio 43725


JUDGES: Hon., John W. Wise P.J. Hon., Patricia A. Delaney Hon., Craig R. Baldwin

OPINION

CHARACTER OF PROCEEDING: Writ of Mandamus JUDGMENT: Dismissed APPEARANCES: For Relator: Roy Hart #A686615
N.C.C.C
670 Marion-Williamsport Rd. E
P.O. Box 1812
Marion, Ohio 43301-1812
For Respondent: Attorney Michael Groh
954 Wheeling Avenue #37
Cambridge, Ohio 43725
Delaney, J.

{¶1} This matter comes before the Court upon Respondent's Motion to Dismiss. Relator has not filed a response to the motion.

{¶2} The petition filed in this case requested an order from this Court requiring Respondent to turn over Respondent's file to Relator. Respondent indicates that the file has now been turned over to Relator making the petition moot. We agree the petition is now moot. A writ of mandamus will not issue to compel an act already performed. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas (1996), 74 Ohio St.3d 278, 279, 658 N.E.2d 723, 724.

{¶3} We also find dismissal is proper because "relator's petition is defective since it is improperly captioned. The complaint for an extraordinary writ must be brought by petition, in the name of the state on relation of the person applying. Relator's failure to properly caption his petition for a writ of mandamus constitutes sufficient reason for dismissal. Allen v. Court of Common Pleas of Allen County (1962), 173 Ohio St. 226, 181 N.E.2d 270; Dunning v.. Judge Cleary, et al. (Jan. 11, 2001), Cuyahoga App. No. 78763." Ringel v. Case W. Res. Univ., 8th Dist. Cuyahoga No. 82042, 2003-Ohio-186.

{¶4} For these reasons, we grant the motion to dismiss.

MOTION GRANTED.

CAUSE DISMISSED.

COSTS TO RELATOR. By: Delaney, J.

Wise, P.J. and

Baldwin, J. concur


Summaries of

Relator v. Groh

COURT OF APPEALS FIFTH APPELLATE DISTRICT GUERNSEY COUNTY, OHIO
Feb 10, 2015
2015 Ohio 536 (Ohio Ct. App. 2015)
Case details for

Relator v. Groh

Case Details

Full title:ROY HART Relator v. MICHAEL GROH Respondent

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

Date published: Feb 10, 2015

Citations

2015 Ohio 536 (Ohio Ct. App. 2015)