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State v. McGinty

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Oct 20, 2020
2020 Ohio 5006 (Ohio Ct. App. 2020)

Opinion

No. 109838

10-20-2020

STATE OF OHIO, EX REL., HOWARD E. LAWRENCE, IV, Relator, v. WILLIAM T. MCGINTY, JUDGE, Respondent.

Appearances: Howard E. Lawrence, IV, pro se. Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent.


JOURNAL ENTRY AND OPINION JUDGMENT: WRIT DENIED Writ of Procedendo
Motion No. 540796
Order No. 541581

Appearances:

Howard E. Lawrence, IV, pro se. Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and James E. Moss, Assistant Prosecuting Attorney, for respondent. MICHELLE J. SHEEHAN, J.:

{¶ 1} Howard E. Lawrence, IV, has filed a complaint for a writ of procedendo. Lawrence seeks an order from this court that requires Judge William T. McGinty to issue a ruling with regard to a motion to vacate a void judgment filed in State v. Lawrence, Cuyahoga C.P. No. CR-13-570740-A. The complaint for procedendo is denied because Judge McGinty ruled on the pending motion at issue. Therefore, Judge McGinty's pending motion for summary judgment is granted, and the complaint for procedendo is denied as moot.

Pursuant to Civ.R. 25(D)(1), Judge William T. McGinty has been substituted for Judge Michael E. Jackson. --------

{¶ 2} Judge McGinty filed a motion for summary judgment on August 27, 2020. Attached to Judge McGinty's motion is a copy of a judgment entry, journalized August 24, 2020, which indicates that Lawrence's motion to vacate a void judgment was denied. Lawrence's complaint for a writ of procedendo is thus moot. Procedendo will not compel the performance of a duty that has already been performed. State ex rel. Williams v. Croce, 153 Ohio St.3d 348, 2018-Ohio-2703, 106 N.E.3d 55; State ex rel. Hopson v. Cuyahoga Cty. Court of Common Pleas, 135 Ohio St.3d 456, 2013-Ohio-1911, 989 N.E.2d 49. In addition, procedendo may not be employed to control a trial court's discretion. State ex rel. Culgan v. Collier, 132 Ohio St.3d 394, 2012-Ohio-2916, 972 N.E.2d 579; State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220.

{¶ 3} Accordingly, we grant Judge McGinty's motion for summary judgment. Costs to Lawrence; costs waived. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the journal as required by Civ.R. 58(B).

{¶ 4} Writ denied. /s/_________
MICHELLE J. SHEEHAN, JUDGE PATRICIA ANN BLACKMON, P.J., and
RAYMOND C. HEADEN, J., CONCUR


Summaries of

State v. McGinty

COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
Oct 20, 2020
2020 Ohio 5006 (Ohio Ct. App. 2020)
Case details for

State v. McGinty

Case Details

Full title:STATE OF OHIO, EX REL., HOWARD E. LAWRENCE, IV, Relator, v. WILLIAM T…

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

Date published: Oct 20, 2020

Citations

2020 Ohio 5006 (Ohio Ct. App. 2020)