McCall v. Fleegle

2013 Ohio 3445

• Court: Ohio Court of Appeals
• Decided: August 2, 2013
• Docket: CT2013-0011
• Status: Published

Opinion

[Cite as McCall v. Fleegle, 2013-Ohio-3445.]

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

EUGENE B. MCCALL : JUDGES: : Hon. W. Scott Gwin, P.J. Petitioner : Hon. Sheila G. Farmer, J. : Hon. John W. Wise, J. -vs- : : JUDGE MARK C. FLEEGLE : Case No. CT2013-0011 : Respondent : OPINION

CHARACTER OF PROCEEDING: Writ of Procedendo

JUDGMENT: Dismissed

DATE OF JUDGMENT: August 2, 2013

APPEARANCES:

For Respondent For Petitioner

NO APPEARANCE EUGENE B. MCCALL, Pro Se #404-939 Pickaway Correctional Institution P. O. BOX 209 Orient, OH 43146 Muskingum County, Case No. CT2013-0011 2

Farmer, J.

{¶1} Petitioner, Eugene McCall, has filed a “Petition for the Issuance of a Writ

of Procedendo” asking this Court to order Respondent, Judge Mark C. Fleegle, to rule

on two outstanding motions in his trial court case. The first motion was filed on

September 13, 2011 by Appellant in a pro se capacity and the second motion was filed

on June 22, 2012 by counsel for Petitioner.

{¶2} The Supreme Court has held that a judge’s performance of the requested

act makes the complaint in procedendo moot. State ex rel. Hazel v. Bender, 129 Ohio

St.3d 496, 496, 954 N.E.2d 114, 115 (Ohio, 2011).

{¶3} Subsequent to the filing of the instant complaint, Respondent ruled on the

issue raised in both outstanding motions in the underlying case. In turn, Petitioner has

appealed the trial court’s decision on these motions to this Court which was assigned

Case Number CT 2013-0014. Because Respondent has performed the act requested

in the complaint, we dismiss the instant petition as moot.

By Farmer, J.

Gwin, P J. and

Wise, J. concur.

_______________________________ Hon. Sheila G. Farmer

_______________________________ Hon. W. Scott Gwin

_______________________________ Hon. John W. Wise SGF/as 719 [Cite as McCall v. Fleegle, 2013-Ohio-3445.]

IN THE COURT OF APPEALS FOR MUSKINGUM COUNTY, OHIO

FIFTH APPELLATE DISTRICT

EUGENE B. MCCALL : : Petitioner : : -vs- : JUDGMENT ENTRY : JUDGE MARK C. FLEEGLE : : Respondent : CASE NO. 13-CA-8

For the reasons stated in our accompanying Memorandum-Opinion, the petition

for writ of procedendo is dismissed as moot. Costs waived.

_______________________________ Hon. John W. Wise