State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas , 2013 Ohio 1567 ( 2013 )

[Cite as State ex rel. Pettway v. Cuyahoga Cty. Court of Common Pleas, 2013-Ohio-1567.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 99259
STATE, EX REL. TIMOTHY PETTWAY
RELATOR
vs.
CUYAHOGA COUNTY COURT OF COMMON PLEAS,
ET AL.
RESPONDENTS
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 461141
Order No. 463486
RELEASE DATE: April 16, 2013
FOR RELATOR
Timothy Pettway
No. 550655
Toledo Correctional Institution
P.O. Box 80033
2001 East Central Avenue
Toledo, Ohio 43608
ATTORNEYS FOR RESPONDENTS
Timothy J. McGinty, Esq.
Cuyahoga County Prosecutor
By: James E. Moss, Esq.
Assistant County Prosecutor
9th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
KATHLEEN ANN KEOUGH, J.:
{¶1} Timothy Pettway has filed a complaint for a writ of procedendo. Pettway
seeks an order from this court, that requires Judge Deena Calabrese and the Cuyahoga
County Court of Common Pleas to render a ruling with regard to a “motion to vacate void
judgment” as filed in State v. Pettway, Cuyahoga C.P. No. CR-498474.
{¶2} Attached to the motion for summary judgment filed by Judge Calabrese and
the Cuyahoga County Court of Common Pleas, is a copy of a judgment entry, journalized
on December 19, 2012, which demonstrates that a ruling has been rendered with regard to
Pettway’s motion to vacate void judgment. Thus, Pettway’s complaint for a writ of
procedendo is moot. State v. Jerninghan, 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 the motion for summary judgment. Judge Calabrese
and the Cuyahoga County Court of Common Pleas to pay costs. 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
MARY EILEEN KILBANE, J., CONCUR