State v. Doneghy

Full title: State of Ohio, ex rel., Jose Carmona, Relator v. Honorable Charles J…

Court: Court of Appeals of Ohio, Sixth District, Lucas County

Date published: Sep 7, 1999

Court of Appeals No. L-99-1263 (Ohio Ct. App. Sep. 7, 1999)

Opinion

Court of Appeals No. L-99-1263.

Decided September 7, 1999.

Jose Carmona pro se.

PIETRYKOWSKI, J.

This matter is before the court on relator, Jose Carmona's, petition for a writ of procedendo ordering respondent, Honorable Charles J. Doneghy, to proceed to a final judgment on relator's motion.

Pursuant to 6th Dist.Loc.App.R. 6, a relator shall "* * * file a praecipe directing the clerk of the court of appeals to serve a copy of the complaint to each other party at the addresses listed in the praecipe." The record before us reveals that relator did not file a praecipe along with his petition. Accordingly, respondent has not been properly served by the clerk with a copy of the petition.

For this reason, we find the petition for a writ of procedendo not well-taken and denied. This cause is dismissed at relator's costs.

WRIT DISMISSED Peter M. Handwork, P.J. Richard W. Knepper, J. Mark L. Pietrykowski, J.

CONCUR.