Smith v. ExpressJet Airlines, Inc.

2014 Ohio 2983

Opinion

[Cite as Smith v. ExpressJet Airlines, Inc., 2014-Ohio-2983.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 100832

KRISTIN SMITH PLAINTIFF-APPELLANT

vs.

EXPRESSJET AIRLINES, INC., ET AL. DEFENDANTS-APPELLEES

JUDGMENT: DISMISSED

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-12-783822

BEFORE: Blackmon, J., Jones, P.J., and E.T. Gallagher, J.

RELEASED AND JOURNALIZED: June 5, 2014 ATTORNEYS FOR APPELLANTS

Chastity L. Christy Caryn M. Groedel Caryn Groedel & Associates Co., L.P.A. 31340 Solon Road, Suite 27 Solon, Ohio 44139

ATTORNEYS FOR APPELLEES

Thomas Evan Green Julie A. Trout Kastner Westman & Wilkins L.L.C. 3480 West Market Street Suite 300 Akron, Ohio 44333

Buena Vista Lyons 1601 Elm Street Suite 4450 Dallas, Texas 75201

Sarah Pierce Wimberly 271 17th Street N.W. Suite 1900 Atlanta, Georgia 30327

PATRICIA ANN BLACKMON, J.: {¶1} Appellant Kristin Smith (“Smith”) appeals the trial court’s order compelling

her to produce her medical information and records. For the reasons that follow, the

appeal is dismissed as moot.

{¶2} While the discovery matter was pending on appeal, a motion for summary

judgment filed by appellees was pending before the trial court. On April 8, 2014, the

trial court granted the summary judgment in favor of appellees based on grounds that did

not rely on the disputed materials at issue in this appeal. Therefore, this appeal is rendered

moot. Appellate courts will not review questions that do not involve live controversies.

See Tschantz v. Ferguson, 57 Ohio St.3d 131, 133, 566 N.E.2d 655 (1991). Accordingly,

we dismiss Smith’s appeal.

{¶3} Appeal dismissed.

It is ordered that appellees recover from appellant costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

PATRICIA ANN BLACKMON, JUDGE

LARRY A. JONES, SR., P.J., and EILEEN T. GALLAGHER, J., CONCUR