State ex rel. Evans v. Fink

2011 Ohio 2804

• Court: Ohio Court of Appeals
• Decided: June 8, 2011
• Docket: 96692
• Status: Published

Opinion

[Cite as State ex rel. Evans v. Fink, 2011-Ohio-2804.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 96692

STATE OF OHIO, EX REL. CARL W. EVANS RELATOR

vs.

EDWARD J. FINK, MAGISTRATE, ET AL. RESPONDENTS

JUDGMENT: WRIT DENIED

Writ of Prohibition/Mandamus Motion No. 444838 Order No. 444904

RELEASE DATE: June 8, 2011 FOR RELATOR

Carl W. Evans, pro se #583-793 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301

ATTORNEYS FOR RESPONDENTS

Timothy G. Dobeck Law Director/Chief Prosecutor City of Parma 6611 Ridge Road Parma, OH 44129

Bruce M. Courey Assistant Law Director City of Parma 6611 Ridge Road Parma, OH 44129

SEAN C. GALLAGHER, J.: {¶ 1} Carl W. Evans, the relator, has filed a complaint for a writ of

prohibition and/or mandamus. Evan seeks an order from this court that

requires the Parma Municipal Court and Edward J. Fink, Magistrate, the

respondents, to dismiss and/or prohibit the adjudication of the traffic offenses

of driving under financial responsibility law suspension or cancellation (R.C.

4510.16), speeding (R.C. 4511.21(C)), and reckless operation (R.C. 4511.20) as

charged in City of Parma v. Evans, Parma Municipal Court Case No.

10TRD01870.

{¶ 2} Sua sponte, we decline to issue an extraordinary writ on behalf of

Evans. On May 19, 2011, the Parma Municipal Court and Edward J. Fink

jointly filed a “notice of dismissal entry,” which demonstrates that the traffic

offenses, as charged in City of Parma v. Evans, supra, were dismissed on May

10, 2011. Evans’s complaint for a writ of prohibition and/or mandamus is

moot. State v. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio

St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman

(1983), 6 Ohio St.3d 5, 450 N.E.2d 1163.

{¶ 3} Costs are awarded to the Parma Municipal Court and Edward J.

Fink. Upon further consideration, costs are ordered waived. It is further

ordered that the Clerk of the Eighth District Court of Appeals serve notice of

this judgment upon all parties as required by Civ.R. 58(B).

Writ denied. SEAN C. GALLAGHER, JUDGE

PATRICIA ANN BLACKMON, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR