[Cite as State ex rel. Mooney v. Irving, 2011-Ohio-686.]
COURT OF APPEALS
HOLMES COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO, EX REL. JUDGES:
SANDRA L. MOONEY Hon. John W. Wise, P. J.
Hon. Julie A. Edwards, J.
Relator Hon. Patricia A. Delaney, J.
-vs-
JANE IRVING, JUDGE OF THE Case No. 10 CA 021
HOLMES COUNTY MUNICIPAL
COURT
Respondent OPINION
CHARACTER OF PROCEEDING: Petition for Writ of Procedendo
JUDGMENT: Denied
DATE OF JUDGMENT ENTRY: February 15, 2011
APPEARANCES:
For Relator For Respondent
JOSEPH F. SALZGEBER STEPHEN D. KNOWLING
Post Office Box 799 PROSECUTING ATTORNEY
Brunswick, Ohio 44212-0799 CHRISTINE C. WILLIAMS
ASSISTANT PROSECUTOR
164 East Jackson Street
Millersburg, Ohio 44654
Holmes County, Case No. 10 CA 021 2
Wise, P. J.
{¶1} Relator, Sandra Mooney, has filed a petition requesting this Court issue a
writ of procedendo compelling Judge Jane Irving of the Holmes County Municipal Court
to issue a sentencing entry in Case Number CRB 0800431.
{¶2} The instant complaint was filed on November 9, 2010. The trial court
issued a ruling on the motion in the criminal cases on September 14, 2010, however, it
does not appear Relator was aware of the fact the entry had been issued. Since the
filing of this Complaint, Relator has become aware of the entry and was granted leave
to pursue a delayed appeal in Holmes County Case Number 10CA22. Despite having
been granted leave to pursue the appeal, Relator has not dismissed the instant case,
therefore, we will address the merits of the petition.
{¶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 procedendo is moot and deny the Petition.
Holmes County, Case No. 10 CA 021 3
{¶5} PETITION DENIED.
{¶6} COSTS TO RELATOR.
{¶7} IT IS SO ORDERED.
By: Wise, P. J.
Edwards, J., and
Delaney, J., concur.
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JUDGES
JWW/d 0114
Holmes County, Case No. 10 CA 021 4
IN THE COURT OF APPEALS FOR HOLMES COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO, EX REL. :
SANDRA L. MOONEY :
:
Relator :
:
-vs- : JUDGMENT ENTRY
:
JANE IRVING, JUDGE OF THE :
HOLMES COUNTY MUNICIPAL COURT :
:
Respondent : Case No. 10 CA 021
For the reasons stated in our accompanying Memorandum-Opinion, the petition
for writ of procedendo is moot and the petition is denied.
Costs assessed to Relator.
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JUDGES