[Cite as Smith v. ExpressJet Airlines, Inc., 2014-Ohio-2983.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100832
KRISTIN SMITH
PLAINTIFF-APPELLANT
vs.
EXPRESSJET AIRLINES, INC., ET AL.
DEFENDANTS-APPELLEES
JUDGMENT:
DISMISSED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CV-12-783822
BEFORE: Blackmon, J., Jones, P.J., and E.T. Gallagher, J.
RELEASED AND JOURNALIZED: June 5, 2014
ATTORNEYS FOR APPELLANTS
Chastity L. Christy
Caryn M. Groedel
Caryn Groedel & Associates Co., L.P.A.
31340 Solon Road, Suite 27
Solon, Ohio 44139
ATTORNEYS FOR APPELLEES
Thomas Evan Green
Julie A. Trout
Kastner Westman & Wilkins L.L.C.
3480 West Market Street
Suite 300
Akron, Ohio 44333
Buena Vista Lyons
1601 Elm Street
Suite 4450
Dallas, Texas 75201
Sarah Pierce Wimberly
271 17th Street N.W.
Suite 1900
Atlanta, Georgia 30327
PATRICIA ANN BLACKMON, J.:
{¶1} Appellant Kristin Smith (“Smith”) appeals the trial court’s order compelling
her to produce her medical information and records. For the reasons that follow, the
appeal is dismissed as moot.
{¶2} While the discovery matter was pending on appeal, a motion for summary
judgment filed by appellees was pending before the trial court. On April 8, 2014, the
trial court granted the summary judgment in favor of appellees based on grounds that did
not rely on the disputed materials at issue in this appeal. Therefore, this appeal is rendered
moot. Appellate courts will not review questions that do not involve live controversies.
See Tschantz v. Ferguson, 57 Ohio St.3d 131, 133, 566 N.E.2d 655 (1991). Accordingly,
we dismiss Smith’s appeal.
{¶3} Appeal dismissed.
It is ordered that appellees recover from appellant costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
PATRICIA ANN BLACKMON, JUDGE
LARRY A. JONES, SR., P.J., and
EILEEN T. GALLAGHER, J., CONCUR