State v. Keenon, Unpublished Decision (1-23-2004)
State v. Keenon, Unpublished Decision (1-23-2004)
Opinion of the Court
{¶ 2} A petition for a writ of procedendo is appropriate when a court has either refused to render a judgment or has unnecessarily delayed proceeding to judgment. State ex rel.Miley v. Parrot (1996),
{¶ 3} A review of the record indicates that Judge Keenon has not ruled on McCuller's Civ.R. 60(B)(5) motion as filed on August 7, 2002. Because this motion has been pending for over seventeen months, we hold that McCuller's request for relief in procedendo is well taken. The respondent is hereby directed to rule on the pending motion within thirty (30) days from the date of this entry. Respondent to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ.R. 58(B).
{¶ 4} Writ granted.
Patricia Ann Blackmon, P.J., and Timothy E. McMonagle J., concur.
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