State Ex Rel. Horoszewski v. Zmuda, Unpublished Decision (9-12-2006)
State Ex Rel. Horoszewski v. Zmuda, Unpublished Decision (9-12-2006)
Opinion of the Court
{¶ 2} Relator filed his complaint on August 10, 2006. On August 18, 2006, respondent filed a motion to dismiss on grounds that the complaint is moot. Attached to the motion to dismiss was a copy of an opinion and judgment entry demonstrating that respondent had ruled on the motions in question.
{¶ 3} Because respondent ruled on relator's outstanding motions, his writ of procedendo is moot. "Neither procedendo nor mandamus will compel the performance of a duty that has already been performed." State ex rel. Kreps v. Christiansen (2000),
PETITION DISMISSED.
Handwork, J., Pietrykowski, J., Parish, J., concur.
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