Eckles v. Belmont Cty. Common Pleas Ct., 07 Be 43 (12-28-2007)

Ohio Court of Appeals

Eckles v. Belmont Cty. Common Pleas Ct., 07 Be 43 (12-28-2007)

2007 Ohio 7197

CourtOhio Court of Appeals

DecidedDecember 28, 2007

DocketNo. 07 BE 43.

StatusPublished

This text of 2007 Ohio 7197 (Eckles v. Belmont Cty. Common Pleas Ct., 07 Be 43 (12-28-2007)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eckles v. Belmont Cty. Common Pleas Ct., 07 Be 43 (12-28-2007), 2007 Ohio 7197 (Ohio Ct. App. 2007).

Pincite

Opinion

OPINION AND JOURNAL ENTRY *Page 2 {¶ 1} On October 23, 2007, Relator Rodney Eckles, filed a petition for writ of mandamus against Respondent Judge John M. Solovan. The petition requested this court to order Respondent to rule on Relator's motion for jail time credit in Belmont County Common Pleas Court Case No. 06CR054. On November 15, 2007, Respondent filed an answer. In that answer, Respondent directed this court to the trial court's November, 14, 2007, denial of the motion for jail time credit.

{¶ 2} Consequently, as a result of the November 14, 2007 decision, Relator's petition is moot. A writ of mandamus will not issue to compel an act already performed. State ex rel. Jerninghan v. Cuyahoga Cty.Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, citingState ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5.

{¶ 3} Petition denied. Costs assessed against Relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). *Page 1

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION AND JOURNAL ENTRY *Page 2 {¶ 1} On October 23, 2007, Relator Rodney Eckles, filed a petition for writ of mandamus against Respondent Judge John M. Solovan. The petition requested this court to order Respondent to rule on Relator's motion for jail time credit in Belmont County Common Pleas Court Case No. 06CR054. On November 15, 2007, Respondent filed an answer. In that answer, Respondent directed this court to the trial court's November, 14, 2007, denial of the motion for jail time credit.

{¶ 2} Consequently, as a result of the November 14, 2007 decision, Relator's petition is moot. A writ of mandamus will not issue to compel an act already performed. State ex rel. Jerninghan v. Cuyahoga Cty.Court of Common Pleas, 74 Ohio St.3d 278, 1996-Ohio-117, citingState ex rel. Gantt v. Coleman (1983), 6 Ohio St.3d 5.

{¶ 3} Petition denied. Costs assessed against Relator. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B). *Page 1

Cite This Page — Counsel Stack

Bluebook (online)

2007 Ohio 7197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckles-v-belmont-cty-common-pleas-ct-07-be-43-12-28-2007-ohioctapp-2007.

Opinion

Related

Cite This Page — Counsel Stack