State Ex Rel Davis v. Court of Common Pleas, Unpublished Decision (5-9-2006)
State Ex Rel Davis v. Court of Common Pleas, Unpublished Decision (5-9-2006)
Opinion of the Court
{¶ 2} Initially, we find that the complaint for a writ of procedendo is procedurally defective, since Davis has failed to comply with the affidavit requirement of R.C.
{¶ 3} Finally, Davis' request for a writ of procedendo is moot. Attached to the motion for summary judgment is a copy of the findings of fact and conclusions of law that was journalized on April 18, 2006, in the underlying action of State v. Davis,
supra. Davis' request for findings of fact and conclusions of law is thus moot. State ex rel. Jerninghan v. Cuyahoga Cty. Court ofCommon Pleas (1996),
{¶ 4} Accordingly, we grant Judge Gaul's motion for summary judgment. Costs to Davis. It is further ordered that the Clerk of the Eighth District Court of Appeals serve upon all parties notice of this judgment as required by Civ.R. 58(B).
Writ denied.
Corrigan, J., Concurs. Blackmon, J., Concurs.
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