State ex rel. Hoffman v. Eyster

2012 Ohio 597

Opinion

[Cite as State ex rel. Hoffman v. Eyster, 2012-Ohio-597.]

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

: JUDGES: STATE OF OHIO, EX REL. : Patricia A. Delaney, P.J. MATTHEW J. HOFFMAN : William B. Hoffman, J. : Julie A. Edwards, J. Relator : : Case No. 11CA24 -vs- : : : OPINION JUDGE OTHO EYSTER

Respondent

CHARACTER OF PROCEEDING: Writ of Mandamus and Procedendo

JUDGMENT: Denied

DATE OF JUDGMENT ENTRY: February 10, 2012

APPEARANCES:

For Relator For Respondent

MATTHEW J. HOFFMAN NO APPEARANCE #A645571 Toledo Correctional Institution 2001 East Central Avenue Toledo, Ohio 43608 [Cite as State ex rel. Hoffman v. Eyster, 2012-Ohio-597.]

Edwards, J.

{¶1} Relator, Matthew J. Hoffman, has filed a “Petition for Writ of Mandamus

and of Procedendo” requesting a writ be issued which would require Respondent to rule

on two outstanding motions filed with the trial court.

{¶2} For a writ of mandamus to issue, the relator must have a clear legal right

to the relief prayed for, the respondents must be under a clear legal duty to perform the

requested act, and relator must have no plain and adequate remedy in the ordinary

course of law. State, ex rel. Berger, v. McMonagle (1983), 6 Ohio St.3d 28, 6 OBR 50,

451 N.E.2d 225.

{¶3} A writ of procedendo has “the limited purpose of [requiring] a lower court

to go forward ‘when a court has either refused to render a judgment or has

unnecessarily delayed proceeding to judgment.’ State ex rel. Miley v. Parrott (1996), 77

Ohio St.3d 64, 65, 671 N.E.2d 24.” State ex rel. Lemons v. Kontos 2009 WL 4756269,

2 (Ohio App. 11 Dist.).

{¶4} The Supreme Court has held, “Neither procedendo nor mandamus will

compel the performance of a duty that has already been performed. State ex rel. Grove

v. Nadel (1998), 84 Ohio St.3d 252, 253, 703 N.E.2d 304, 305.” State ex rel. Kreps v.

Christiansen (2000), 88 Ohio St.3d 313, 318, 725 N.E.2d 663, 668. Knox County App. Case No. 11CA24 3

{¶5} Subsequent to the filing of the instant petition, Respondent ruled on the

two outstanding motions filed by Relator in the trial court. For this reason, we find the

petition has become moot.

{¶6} For this reason, the request for the issuance of a writ of mandamus and/or

procedendo is denied.

By: Edwards, J.

Delaney, P.J. and

Hoffman, J. concur

______________________________

JUDGES

JAE/ads0113 [Cite as State ex rel. Hoffman v. Eyster, 2012-Ohio-597.]

IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO

FIFTH APPELLATE DISTRICT

STATE OF OHIO, EX REL. : MATTHEW J. HOFFMAN : : Relator : : : -vs- : JUDGMENT ENTRY : JUDGE OTHO EYSTER : : Respondent : CASE NO. 11CA24

For the reasons stated in our accompanying Memorandum-Opinion on file, the

Complaint is denied. Costs waived.

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