Opinion
No. 30,019.
Filed July 25, 1961.
MANDAMUS AND PROHIBITION — Moot Question — Writ Denied. — A temporary writ of mandate and prohibition issued to stay proceedings pending an appeal to the Supreme Court will be dissolved and permanent writ denied where the appeal has since been dismissed rendering moot the questions presented in the instant proceeding.
Original action by the State of Indiana on relation of Albert A. Steinwedel, Auditor of the State of Indiana, relator, seeking a writ of mandate and prohibition against respondent, Marion Circuit Court, John L. Niblack, Judge. A temporary writ was issued.
Temporary writ dissolved and permanent writ denied.
Edwin K. Steers, Attorney General and Richard M. Givan, Deputy Attorney General, for relator.
Nelson G. Grills, of Indianapolis, for respondent.
On October 6, 1960, we issued a temporary writ of mandate and prohibition herein mandating respondent to grant relator's motion to stay further proceedings pending an appeal to this court, and prohibiting respondent from proceeding further in Cause No. C60-132 then pending in respondent court.
The appeal of Cause No. C60-132 in the Marion Circuit Court has recently been dismissed by this court because the issues raised therein were determined to be moot.
The dismissal of such appeal renders moot the questions presented in the proceedings for writ of mandate and prohibition and dispels the necessity for such writ.
For these reasons the temporary writ of mandate and prohibition heretofore issued herein is dissolved and a permanent writ denied.
NOTE. — Reported in 176 N.E.2d 205.