[Cite as Limbach v. Henson, 2011-Ohio-1467.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
PAUL R. LIMPACH : Hon. W. Scott Gwin, P.J.
: Hon. Julie A. Edwards, J.
Petitioner : Hon. Patricia A. Delaney, J.
:
-vs- :
: Case No. 2010-CA-132
JUDGE JAMES D. HENSON :
:
Respondent : OPINION
CHARACTER OF PROCEEDING: Writ
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: March 24, 2011
APPEARANCES:
For: Petitioner For: Respondent
PAUL L. LIMPACH PRO SE KIRSTEN PSCHOLKA-GARTNER
Marion Correctional Institute Assistant Richland County Prosecutor
BOX 57 38 South Park, 2nd Floor
MARION, OH 43301 Mansfield, OH 44902
[Cite as Limbach v. Henson, 2011-Ohio-1467.]
Gwin, P.J.
{¶1} Petitioner, Paul R. Limpach, has filed a petition requesting this Court issue
a writ of procedendo compelling Judge James Henson of the Richland County Court of
Common Pleas to rule on Petitioner’s Motion to Return Property. This motion was filed
in Richland County on April 30, 2010. The instant complaint was filed on November 18,
2010. The trial court issued a ruling on the motion in the criminal case on December 8,
2010.
{¶2} Respondent has filed a motion to dismiss the petition based upon the
petition being made moot because the trial court has now issued on a ruling on the
motion.
{¶3} 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.
{¶4} Because the requested relief has already been obtained, we find the
petition for writ of mandamus is moot and grant Respondent’s motion to dismiss.
{¶5} MOTION TO DISMISS GRANTED.
{¶6} CAUSE DISMISSED.
Richland County, Case No. 2010-CA-132 3
{¶7} COSTS TO RELATOR.
{¶8} IT IS SO ORDERED.
By Gwin, P.J.,
Edwards, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
WSG:clw 0307 HON. PATRICIA A. DELANEY
[Cite as Limbach v. Henson, 2011-Ohio-1467.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
PAUL R. LIMPACH :
:
Petitioner :
:
:
-vs- : JUDGMENT ENTRY
:
JUDGE JAMES D. HENSON :
:
:
Respondent : CASE NO. 2010-CA-132
For the reasons stated in our accompanying Memorandum-Opinion, the motion to
dismiss is granted. Costs to Petitioner.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JULIE A. EDWARDS
_________________________________
HON. PATRICIA A. DELANEY