McCall v. Fleegle

2013 Ohio 3445

Opinion

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

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. Sheila G. Farmer

_______________________________

Hon. W. Scott Gwin

_______________________________

Hon. John W. Wise