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State v. Sutula

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 6, 1999
No. 76114 (Ohio Ct. App. May. 6, 1999)

Opinion

No. 76114

Dated: May 6, 1999

JUDGMENT: WRIT DISMISSED.

APPEARANCES:

For Relator:

LARRY STEWART, Pro Se No. 342-560.

For Respondent:

WILLIAM D. MASON, Cuyahoga County Prosecutor, GEORGE J. SADD, Assistant

JAMES M. PORTER, A.J.:


On March 9, 1999, the relator, Larry Stewart, commenced this mandamus action against the respondent, the Cuyahoga County Common Pleas Court, to compel the issuance of findings of fact and conclusions of law for a postconviction relief petition which Mr. Stewart filed in the underlying case, State of Ohio v. Larry Stewart, Cuyahoga County Common Pleas Court Case No. CR-340429. On March 22, 1999, the respondent, through the Cuyahoga County Prosecutor, moved for summary judgment on the grounds of mootness. Attached to the dispositive motion was a copy of a certified, signed journal entry, file-stamped March 10, 1999, containing the requisite findings of fact and conclusions of law for Mr. Stewart's petition. This attachment establishes that the court has fulfilled its duty to issue the findings of fact and conclusions of law and that Mr. Stewart has received the relief he has requested, a resolution of his postconviction petition. Mr. Stewart never filed a response to the dispositive motion.

Accordingly, this mandamus action is moot, the motion for summary judgment is granted, and this writ action is dismissed.

Respondent to pay costs.

ANN DYKE, J., CONCURS

___________________________________ JAMES M. PORTER, ADMINISTRATIVE JUDGE


Summaries of

State v. Sutula

Court of Appeals of Ohio, Eighth District, Cuyahoga County
May 6, 1999
No. 76114 (Ohio Ct. App. May. 6, 1999)
Case details for

State v. Sutula

Case Details

Full title:STATE OF OHIO, EX REL. LARRY D. STEWART, RELATOR, v. KATHLEEN ANN SUTULA…

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: May 6, 1999

Citations

No. 76114 (Ohio Ct. App. May. 6, 1999)