[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