State v. Villanueva, Unpublished Decision (1-21-1999)
State v. Villanueva, Unpublished Decision (1-21-1999)
Opinion of the Court
Relator, Royce W. Crim, through his petition for a writ of procedendo, seeks an order from this court requiring the respondent, Judge Jose Villanueva, to render rulings with regard to a "petition seeking termination of sentence pursuant to [R.C.] 5145.01 for want of subject matter jurisdiction" and a "motion for judgement (sic) on the pleading[s] Civil Rule 12(c) (sic) and stay of judgement (sic)" as filed in the underlying case of State v. Crim, Cuyahoga County Court of Common Pleas Case No. CR-272115. The respondent has filed a motion for summary judgment.
Attached to the motion for summary judgment is a copy of a journal entry, as journalized on December 2, 1998, which demonstrates that the respondent has rendered rulings with regard to the relator's motions as filed in CR-272115. The relator's petition for a writ of procedendo is thus moot.State ex rel. Gantt v. Coleman (1983),
Accordingly, the respondent's motion for summary judgment is granted. Costs to respondent.
Writ denied.
ANN DYKE, J., CONCURS
_______________________________ JAMES M. PORTER ADMINISTRATIVE JUDGE
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