State ex rel. Varholick v. Donnelly

2014 Ohio 2655

• Court: Ohio Court of Appeals
• Decided: June 16, 2014
• Docket: 101241
• Status: Published

Opinion

[Cite as State ex rel. Varholick v. Donnelly, 2014-Ohio-2655.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 101241

STATE OF OHIO, EX REL. JAMES VARHOLICK RELATOR

vs.

MICHAEL P. DONNELLY, JUDGE RESPONDENT

JUDGMENT: WRIT DENIED

Writ of Procedendo Motion No. 475359 Order No. 475709

RELEASE DATE: June 16, 2014 RELATOR

James Varholick, pro se No. 5730485 Marion Correctional Institution P.O. Box 57 Marion, Ohio 43301

ATTORNEYS FOR RESPONDENT

Timothy J. McGinty Cuyahoga County Prosecutor By: James E. Moss Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113 KATHLEEN ANN KEOUGH, J.:

{¶1} James Varholick has filed a complaint for a writ of procedendo. Varholick

seeks an order from this court, that requires Judge Michael P. Donnelly to render a ruling

with regard to a motion captioned “motion to return one 2002 Ford F-150 King Ranch

truck forfeited in violation of O.R.C. 2933.43 & O.R.C. 4511.19 on February 23, 2007”,

which was filed in State v. Varholick, Cuyahoga C.P. No. CR-06-485615-A.

{¶2} Attached to Judge Donnelly’s motion for summary judgment is a copy of a

judgment entry, journalized on May 20, 2014, which demonstrates that a ruling has been

rendered with regard to Varholick’s motion to return forfeited property. Thus, the

complaint for a writ of procedendo is moot. State ex rel. 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, 6 Ohio St.3d 5, 450 N.E.2d 1163 (1983).

{¶3} Accordingly, we grant Judge Donnelly’s motion for summary judgment.

Costs to Judge Donnelly. Costs waived. The court directs the clerk of court to serve all

parties with notice of this judgment and its date of entry upon the journal as required by

Civ.R. 58(B).

{¶4} Writ denied.

KATHLEEN ANN KEOUGH, JUDGE

KENNETH A. ROCCO, P.J., and EILEEN A. GALLAGHER, J., CONCUR