State ex rel. Ikladious v. Celebrezze

2015 Ohio 3482

Opinion

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 103129

STATE OF OHIO, EX REL.

FADY IKLADIOUS

RELATOR

vs.

JUDGE LESLIE ANN CELEBREZZE RESPONDENT

JUDGMENT:

COMPLAINT DISMISSED

Writ of Prohibition

Motion No. 487322

Order No. 488291

RELEASE DATE: August 26, 2015

ATTORNEY FOR RELATOR

Alan M. Medvick Bernlohr, Niekamp & Weisensell, L.L.P. The Nantuckey Bldg. Suite 301 23 S. Main Street Akron, Ohio 44308

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor By: Charles E. Hannan Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113

MARY J. BOYLE, J.:

{¶1} Fady Ikladious has filed a complaint for a writ of prohibition. Ikladious seeks to prevent Judge Leslie A. Celebrezze from exercising jurisdiction in a divorce action captioned Tadross v. Tadross, Cuyahoga Domestic Relations No. DR-14-350356. Judge Celebrezze has filed a motion to dismiss, which we grant for the following reason.

{¶2} The complaint for a writ of prohibition is based upon the argument that a pending appeal, filed in Tadross v. Ikladious, 8th Dist. Cuyahoga No. 102531, divested Judge Celebrezze of jurisdiction to exercise judgment in the underlying divorce action. However, on August 6, 2015, this court rendered an opinion and dismissed the appeal that formed the basis of Ikladious’s argument to issue a writ of prohibition. See Tadross v. Ikladious, 8th Dist. Cuyahoga No. 102531, 2015-Ohio-3147. Because no appeal remains pending in this court, with regard to 8th Dist. Cuyahoga No. 102531, the request for a writ of prohibition is moot. State ex rel. Fontanella v. Kontos, 117 Ohio St.3d 514, 2008-Ohio-1431, 885 N.E.2d 220; State ex rel. Reynolds v. Basinger, 99 Ohio St.3d 303, 2003-Ohio-3631, 791 N.E.2d 459.

{¶3} Accordingly, we grant Judge Celebrezze’s motion to dismiss. Costs to Ikladious. The court directs the clerk of courts to serve all parties with notice of this judgment and the date of entry upon the docket as required by Civ.R. 58(B).

{¶4} Complaint dismissed.

MARY J. BOYLE, JUDGE

EILEEN A. GALLAGHER, P.J., and ANITA LASTER MAYS, J., CONCUR