Opinion
Case No. 2011CA00273
05-07-2012
STATE EX REL., PHILLIP MALONE Relator v. STARK COUNTY COURT, JUDGE JOHN HAAS Respondent
APPEARANCES: For Relator PHILLIP MALONE, PRO SE NCCTF - #593-956 For Respondent JOHN D. FERRERO Stark County Proseucting Attorney RONALD MARK CALDWELL Assistant Prosecuting Attorney Stark County Prosecutor's Office
JUDGES:
Hon. Patricia A. Delaney, P.J.
Hon. William B. Hoffman, J.
Hon. Sheila G. Farmer, J.
OPINION
CHARACTER OF PROCEEDING: Writ of Procedendo
JUDGMENT: Dismissed
APPEARANCES:
For Relator
PHILLIP MALONE, PRO SE
NCCTF - #593-956
For Respondent
JOHN D. FERRERO
Stark County Proseucting Attorney
RONALD MARK CALDWELL
Assistant Prosecuting Attorney
Stark County Prosecutor's Office
Hoffman , J.
{¶1} Relator, Phillip Malone, has filed a complaint requesting this Court issue a writ of procedendo compelling Judge John Haas to issue a ruling on a Motion to Release Vehicle from Impound in Stark County Common Pleas Case Number 2010CR01523. Respondent has filed a motion to dismiss on the basis the cause of action has become moot.
{¶2} The instant complaint was filed on December 9, 2011. The trial court issued a ruling on the motion in the criminal case on January 10, 2012.
{¶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.
{¶5} MOTION TO DISMISS GRANTED.
{¶6} CAUSE DISMISSED.
{¶7} COSTS TO RELATOR.
{¶8} IT IS SO ORDERED. By: Hoffman, J. Delaney, P.J. and Farmer, J. concur
William B. Hoffman
HON. WILLIAM B. HOFFMAN
Patricia A. Delaney
HON. PATRICIA A. DELANEY
Sheila G. Farmer
HON. SHEILA G. FARMER
STATE EX REL., PHILLIP MALONE Relator
v.
STARK COUNTY COURT, JUDGE JOHN HAAS Respondent
JUDGMENT ENTRY
Case No. 2011CA00273
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 to Relator.
MOTION TO DISMISS GRANTED.
CAUSE DISMISSED.
COSTS TO RELATOR.
IT IS SO ORDERED.
William B. Hoffman
HON. WILLIAM B. HOFFMAN
Patricia A. Delaney
HON. PATRICIA A. DELANEY
Sheila G. Farmer
HON. SHEILA G. FARMER